TheParliamentarian

Journal of the Parliaments of the Commonwealth 2015 | Issue Three XCVI | Price £13

Elections and Voting Reform

PLUS Commonwealth Combatting Looking ahead to Millenium Development Electoral Networks by Terrorism in Nigeria CHOGM 2015 in Malta Goals Update: The fight the Commonwealth against TB Secretary-General PAGE 150 PAGE 200 PAGE 204 PAGE 206 The Commonwealth Parliamentary Association (CPA) Shop

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CPA ties CPA souvenirs are available for sale to Members and officials of CPA cufflinks Commonwealth Parliaments and Legislatures by CPA silver-plated contacting the photoframe CPA Secretariat by email: [email protected] or by post: CPA Secretariat, Suite 700, 7 Millbank, London SW1P 3JA, United Kingdom.

STATEMENT OF PURPOSE The Commonwealth Parliamentary Association (CPA) exists to connect, develop, promote and support Parliamentarians and their staff to identify benchmarks of good governance and implement the enduring values of the Commonwealth. Calendar of Forthcoming Events Confirmed at 24 August 2015 2015

September

2-5 September CPA and State University of New York (SUNY) Workshop for Constituency Development Funds – London, UK

9-12 September Asia Regional Association of Public Accounts Committees (ARAPAC) Annual Meeting - Kathmandu, Nepal

14-16 September Annual Forum of the CTO/ICTs and The Parliamentarian - Nairobi, Kenya

28 Sept to 3 October West Africa Association of Public Accounts Committees (WAAPAC) Annual Meeting and Community of Clerks Training - Lomé, Togo

30 Sept to 5 October CPA International Executive Committee Meetings - London, UK

October

26-28 October CPA and United Nations Environment Programme (UNEP) Legislators’ Experts Meeting on Climate Change - London, UK

November

1-5 November 7th Commonwealth Youth Parliament - Darwin, Northern Territory, Australia

23-24 November CHOGM Women’s Forum 2015 – Valetta, Malta

24-26 November 33rd Australia and Pacific Regional Conference - Darwin, Northern Territory, Australia

27-29 November Commonwealth Heads of Government Meeting (CHOGM) 2015 – Valetta, Malta

The publication of a Calendar of Commonwealth Parliamentary Association (CPA) events is a service intended to foster the exchange of events and activities between Regions and Branches and the encouragement of new ideas and participation. Further information may be obtained from the Branches concerned or the CPA Secretariat. Branch Secretaries are requested to send notice of events and conferences to [email protected] in advance of the publication deadline to ensure the Calendar is accurate.

Further information can also be found at www.cpahq.org or by emailing [email protected]. CONTENTS: THE PARLIAMENTARIAN 2015: ISSUE THREE

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The Parliamentarian: VIEWS & FEATURE ARTICLES Journal of the Parliaments of the Commonwealth COMMENT Vol. XCVI 2015: Issue Three The Parliamentarian ISSN 0031-2282 Editor’s Note Commonwealth The Price in Politics Issued by the Secretariat Elections and Voting Reform Electoral Networks The New South Wales of the Commonwealth Page 142 Commonwealth Secretary-General Experience. Parliamentary Association introduces the Commonwealth Page 168 (CPA), Suite 700, View from the Acting Electoral Networks Westminster House, Page 150 Small Branches: 7 Millbank, London Secretary-General SW1P 3JA, United Kingdom Parliaments and Elections Elections and Voting Tel: (+44-20) 7799-1460 Page 144 Electoral and Voting Reform Fax: (+44-20) 7222-6073 Reforms The view from Alderney. Email: [email protected] View from the CWP Electoral Reforms in Malawi. Page 172 www.cpahq.org Election Reform and Women Page 152 Page 146 Extending the Voting Publisher: 150 years of Franchise Mr Joe Omorodion The Acting How different electorates have Acting Secretary-General Electoral Reform The Isle of Man: the world’s extended the franchise for & Director of Finance and Secretary-General’s oldest parliament. parliamentary elections. Administration. Commonwealth Page 176 Photo Gallery Page 156 Jeffrey Hyland, Editor Page 148 [email protected] Electoral Finance Youth Engagement Finance for the 21st Century in in Elections Images: Shutterstock and Canada. The ‘Holyrood Rocks’ CPA. Election images: Page 160 project in Scotland. Commonwealth Secretariat. Page 180 Front cover image: Shutterstock Advances in Political 224474164. Party Financing The Electoral System How Jamaica is addressing Electoral Reform in The Seychelles. Printed in: United Kingdom by election financing. Page 182 Warners Midlands, PLC; Page 164 New Delhi, India by Jainco Art India, and Singapore by Times Printers Private Limited.

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NEWS PARLIAMENTARY Annual subscription REPORT (four issues) UK: £40 inc. postage. Worldwide: £42 surface post £48 airmail

Democratic Renewal Powering Democracy Parliamentary Price per issue The work of the Special Looking ahead to CHOGM 2015 Report UK: £13 Committee of the Prince Edward in Malta. Featuring parliamentary Worldwide: £14 surface post Island Legislative Assembly. Page 204 reports and third readings £15 airmail Page 184 from Sri Lanka, New Zealand, Millennium Canada, India, the United Disclaimer Out with the old, in Development Goals Kingdom and Australia. Opinions and comments Also a report from the expressed in articles and with the new Update reviews published in The The case for internet voting Commonwealth Serjeant at The Call to Action on TB. Parliamentarian are those of in Australia. Arms 2015 Conference. Page 206 the individual contributors and Page 188 Pages 213-237 should not be attributed to the Secretariat of the Association. A Lesson in Electoral CPA Conferences, The Commonwealth Seminars and Parliamentary Association Turnout (CPA) Organisation Contributors The Falkland Islands Events Photo Executive Committee, Thank you to all contributors Referendum. Gallery Officers, CPA Secretariat and for this issue. Page 192 Page 208 Commonwealth Women Parliamentarians (CWP) Elections and Steering Committee Members CWP News Page 238 Corruption Commonwealth Women A perspective from India. Parliamentarians (CWP) Page 196 Regional Strengthening activities. The Challenges Page 210 of Dealing with Terrorism How the government are tackling Boko Haram in Nigeria. Page 200

The Parliamentarian | 2015: Issue Three | 141 EDITOR’S NOTE

ELECTIONS AND VOTING REFORM ACROSS THE COMMONWEALTH

The Editor’s Note

It was the American writer and politician, Benjamin The Commonwealth Secretary-General, His Franklin who said that “In this world nothing can be Excellency Kamalesh Sharma has written about said to be certain, except death and taxes.” the Commonwealth Electoral Network (CEN) and For the experienced Parliamentarian in any speaks of his desire that it establishes a “gold democratic system across the Commonwealth, the standard” in elections management. certainty of elections can be added to that list. Elections and Voting Reforms are examined Elections are an essential part of the democratic in several different contexts in this issue: Hon. process and allow people to express their Raphael Mhone MP (Malawi) outlines the proposed democratic rights and have their say in who they reforms for his country; Robert McDowall want to represent them. The right to vote is a hard (Alderney) observes the challenges of election fought principle and throughout history, different Jeffrey Hyland, Editor reform from one of the smallest branches of the groups in society have battled to gain the right to The Parliamentarian CPA; Hon. Sebastien Pillay, MNA (Seychelles) participate in elections. looks at what is required to reform elections in this This issue of The Parliamentarian focuses island nation; and Speaker Hon. Steve Rodan SHK on elections and the different reforms to electoral systems and (Isle of Man) looks at 150 years of electoral reform the world’s oldest voting rights that have been applied or are being negotiated in the parliament. Hon. Jordan Brown, MLA (Prince Edward Island, Canada) Parliaments and Legislatures across the Commonwealth. It also outlines how a new Committee on Democratic Renewal will help to examines how Parliamentarians are working to engage with voters to shape elections for the future. encourage activity participation in elections. Corruption in the context of elections are scrutinized by Shri Satya Narayana Sahu (India). The financial aspects of elections are also “Elections are an essential part of analyzed: Senator David Smith (Canada) looks at Canadian electoral finance in the 21st century; Hon. Phillip Paulwell, MP (Jamaica) the democratic process and allow reviews the advances in Political Party financing in Jamaica; and Hon. people to express their democratic Trevor Khan MLC (New South Wales, Australia) outlines the ‘price in politics’ through political donations and lobbying. rights and have their say in who they The extension of the voting franchise to include more young people in elections is a key election reform in many places across want to represent them. The right to the Commonwealth. Professor Sarah Birch (University of Glasgow) vote is a hard fought principle and provides an analysis of how different electorates have extended the franchise for parliamentary elections while Anne McTaggart MSP throughout history, different groups (Scotland) reports on how a music project is encouraging youth engagement in elections in Scotland. in society have battled to gain the Voter engagement in elections is essential to maintain the right to participate in elections.” democratic process and Electoral Commissioner David Kerslake (Western Australia) looks at the challenges of conducting an election

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across the vast area of a continent and how internet voting could help Hon Dr Godfrey Farrugia MP (Malta) looks ahead to the to ensure high levels of turnout. Commonwealth Heads of Government Meeting (CHOGM) 2015 Engaging voters in a referendum as a demonstration of self- being held in Malta later this year. determination and democracy in action is reviewed by Hon. Dr Barry Commonwealth Parliamentarians are asked to add their voices to Elsby, MLA and Hon. Michael Poole, MLA (Falkland Islands) who a campaign to fight the global epidemic of TB by Hon. Nick Herbert examine the historic Falkland Islands referendum in 2013. MP (UK) as he outlines the work of the Global TB Caucus. We look at other topics in this issue of The Parliamentarian. Hon. This issue of The Parliamentarian also includes a report on the Daniel Reyenieju (Nigeria) reviews the challenges of dealing with Commonwealth Women Parliamentarians (CWP) outreach activities Boko Haram for the government in Nigeria. from both the Pacific and Australia Regions. The Parliamentary Report includes parliamentary and legislative news from Sri Lanka, Canada, British Columbia, Quebec, India, UK, New Zealand and Australia as well as a report about the Commonwealth Serjeants at Arms 2015 Conference held as part of the celebrations to mark the 600th anniversary of the first Serjeant at Arms. I look forward to hearing your feedback and comments on the publication and if you would like to suggest any future themes or contributions to The Parliamentarian then do please get in contact.

Jeffrey Hyland Editor, The Parliamentarian [email protected]

The Parliamentarian | 2015: Issue Three | 143 VIEW FROM THE ACTING SECRETARY-GENERAL & DIRECTOR OF FINANCE AND ADMINISTRATION PARLIAMENTS AND ELECTIONS

View from the Acting Secretary- General & Director of Finance and Administration

For Parliamentarians across the Commonwealth, parliamentary systems and methods of working. elections are an essential part of the democratic They usually take place a few months after a process. With recent elections in the United general election and are delivered by senior, highly Kingdom, Pakistan, Sri Lanka and Nigeria to experienced Parliamentarians and parliamentary name just a few examples, and with an election officials from throughout the Commonwealth. having been called for the autumn in Canada, The objectives are two-fold: to disseminate election issues and how to engage with voters information on diverse good practices in are constantly at the forefront of the minds of the Commonwealth Parliaments, and to promote an Commonwealth Parliamentary community. understanding of the way parliamentary procedures Commonwealth Parliaments and Legislatures and practices can embed good governance into a can learn from each other in the provision of a system. Recently, the CPA has held Post-Election wide range of matters relating to elections from Seminars in Malawi, Swaziland, the Bahamas voter registration to party political funding; from the Mr Joe Omorodion and Pakistan with further seminars planned in running of a successful referendum to engaging Acting Secretary-General 2015/16. young people in voting; from the legislation required & Director of Finance On occasion, the CPA has also undertaken Pre- to ensure elections are undertaken within a legal and Administration of Election Seminars at the specific request of a Member of framework to the use of online voting in large the Commonwealth the CPA to prepare parliamentarians and parliamentary jurisdictions. Parliamentary Association staff for a forthcoming election and to provide expert The Commonwealth Secretariat has led the advice on the processes that are required to ensure an way on the principle of ‘free and fair’ elections with efficient and well planned election. the establishment of the Commonwealth Electoral Network (CEN) Goal 16 of the Sustainable Development Goals (SDGs) of the which aims to ensure elections around the 53 nation Commonwealth United Nations, which will build upon the Millennium Development community are fair, credible and transparent, by helping electoral Goals (MDGs) and converges with the post-2015 development management bodies to share, and implement, best practices. agenda, states that the goal is to “promote peaceful and inclusive We are delighted that the Commonwealth Secretary-General, societies for sustainable development, provide access to justice for all His Excellency Kamalesh Sharma, who was instrumental in and build effective, accountable and inclusive institutions at all levels.” conceptualising the Commonwealth Electoral Network (CEN) and This is detailed further by stating that the Sustainable has spoken of his desire that it establishes a “gold standard” in Development Goal will “ensure responsive, inclusive, participatory and elections management, has written about the CEN for this issue of representative decision-making at all levels” (16.7), “develop effective, The Parliamentarian (see page 150). accountable and transparent institutions at all levels” (16.6) and For the Commonwealth Parliamentary Association, the Post- “substantially reduce corruption and bribery in all its forms” (16.5).1 Election Seminar is one of our core programmes. For over 20 years, The provision of ‘free and fair’ elections across the Commonwealth the Association has conducted numerous Post-Election Seminars will help to meet these goals of achieving accountable and effective for Parliaments that have a high intake of new Parliamentarians, are institutions, ensuring that all sections of society are represented and entering a new political system or era or are emerging from a period that corruption has no place in any democratic electoral process. of conflict. Post-Election Seminars are aimed at building the capacity of newly elected Members of Parliament so they function efficiently References and effectively in the performance of their democratic duties and 1 United Nations Sustainable Development Goals (SDGs) https:// serve as refresher courses for returning MPs. sustainabledevelopment.un.org/ This longstanding programme introduces Members to different

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NORFOLK ISLAND From 17 June 2015, the Norfolk Island Legislative Assembly ceased to exist as a member of the Commonwealth Parliamentary Association (CPA), following legislative changes by the Commonwealth of Australia. The Norfolk Island CPA Branch was established in 1979 when the CPA International General Assembly taking place in New Zealand passed a resolution to admit Norfolk Island to the family of the Commonwealth Parliamentary Association. We would like to thank the Members of the Legislative Assembly of Norfolk Island for their regular contributions to The Parliamentarian and other CPA publications over the years and to the Members who have served on the CPA International Executive Committee and attended the CPA Annual Conference. We wish them well in their future endeavors.

The Parliamentarian | 2015: Issue Three | 145 VIEW FROM THE CWP

ELECTION REFORM AND WOMEN View from the Commonwealth Women Parliamentarians (CWP) Chairperson

Dear Readers of The Parliamentarian, is most associated with the electoral system. On what I welcome you to yet another issue of The basis the winner of the election is decided is another Parliamentarian. However, the theme of this issue key element of the electoral system. These are some is quite unique in that elections and voting reforms of the pre-election acitivities and those that take is a very critical matter in democratic governance. place during an election. Every citizen has a responsibility to vote There are a whole range of post-election activities on Election Day. But it is the government’s during which the outcome of the electoral process responsibility to make sure the system works are managed, such as post-election disputes, election efficiently for those who exercise this responsibility. petitions, the formation of the government and the Those who take the time to participate in democracy subsequent functioning of the government (including are owed at least that much. issues such as defections). If democracy has anything to do with self- Rt Hon. Rebecca Kadaga, MP This illustrates the critical role of the electoral determination – and self-determination with Chairperson of the system in ensuring an effective and functioning dependability – then the electoral system might Commonwealth Women democracy and hence enhances the importance of well be the very heart of democracy. If this seems Parliamentarians and Speaker electoral reforms. like an exaggeration, then let me try and sketch of the Parliament of Uganda Electoral reforms should be aimed at among briefly what the electoral system should include. other things, improving the responsiveness It verifies who can or should be allowed to of electoral processes to public desires and vote. When should electoral rolls be prepared, expectations. However, not all electoral change can revised and how? The formation and functioning be considered electoral reform. Electoral change (including funding, etc.) of political parties is also an integral part of can only be referred to as ‘reform’ if its primary goal is to improve the electoral system. This also includes the basic question of who can electoral processes, for example, by fostering enhanced impartiality, contest an election. inclusiveness, transparency, integrity or accuracy. However, this This is followed by the actual conduct of the election which is what distinction is not always clear in practice: some changes may be characterized as desirable or even necessary ‘reforms’ by their proponents, but as improper ‘manipulation’ by their opponents. Random and/or frequent electoral change, while it may be reformist, can also be confusing to voters, and thus defeat its purpose. Elections and voting reforms are vital issues to consider in nation building for a number of reasons. In theory, electoral systems and reform have become rather a ‘hot topic’ with the surfacing of new democracies in many parts of the world. A recent drift towards electoral reform has also emerged in several countries. In reality the electoral system is important as it defines how the political system will function. It is a device to choose viable governments and give them legitimacy. It is also aimed at reflecting the wishes of the voters, to produce strong stable governments and elect qualified representatives.

146 | The Parliamentarian | 2015: Issue Three VIEW FROM THE CWP

I have already highlighted some of the attributes of good electoral reforms but the component of all- inclusiveness is one of the most outstanding. This is of particular interest to us as the Commonwealth Women Parliamentarians (CWP). Good elections and voting reforms should strongly uphold and cater for the full participation of all groups of people in a given society including women. The strategies to overcome the obstacles to political participation of women should be at the core of elections and voting systems throughout the Commonwealth. As the CWP, we believe that is not only tenable but also attainable. Let me use the Ugandan experience in further elucidating the importance of elections and voting reforms. Uganda has had five general elections since independence in 1962. Each of the elections has been a learning experience, revealing areas checks and balances enshrined in terms of devolution of power, that require strengthening in Uganda‘s electoral system. Budgeting human rights, gender parity, powers of the executive, an independent and funding of election activities; voter and civic education; party judiciary, a two-tiered parliament and many oversight bodies to registration and financing; electoral disputes resolution; electoral ensure transparency and accountability. boundary demarcation; and election management body institutional In some countries, real electoral competition has historically been strengthening have consistently come out as key areas that call for impossible and election-specific violence is unnecessary to ensure review in light of the electoral dynamics, not just in Uganda but in a favorable election outcome. No opposition candidates ever appear many other democratic nations. on the ballot, so the risk of losing an election is non-existent. In other The adoption of a new constitution in 1995 promised a new places, the government may face an electoral threat but does not beginning for Uganda. After more than three decades of political respond with violence because leaders are more likely to be held instability, widespread human rights abuses and a nearly collapsed accountable. When judiciaries become more independent of the economy, the 1995 constitution promised a new beginning on the executive office or when other checks on government power develop, horizon. Among other things, the constitution sought to establish election violence becomes less likely even when a leader or party’s the critical foundations for a new political dispensation rooted position in power is seriously threatened. in the principle of democracy, separation of powers, respect for As we head towards an electoral year for many countries in the fundamental human rights and freedoms, and the rule of law. Commonwealth, let us embrace and support electoral and voting Most recently, the Uganda Parliament has been debating and reforms. By doing this, we are promoting democracy and the rule considering constitutional amendments with a view to producing of law for the peace and prosperity of our countries and for the electoral reforms. All these are visible steps towards achieving a generations to come. We, at the CWP, support electoral and voting transparent electoral and voting system. reforms that favour the participation of women in elections. It is no secret that the consequences of bad elections can be I wish you a happy reading of The Parliamentarian! dire to say the least. We have witnessed all across the world what happens in the aftermath of badly organized or fraudulent elections. Bloodshed, civil strife and in some cases genocide have been some “As we head towards an electoral of the consequences of bad elections. The example of Kenya is quite an intriguing one but one that year for many countries in the clearly comes to mind in this case. Widespread controversy over the Commonwealth, let us embrace and legitimacy of the 2007 election results produced the boiling point in which a cauldron of historical tensions unleashed its insidious rage, support electoral and voting reforms. resulting in up to 2,000 people killed, over 300,000 people displaced By doing this, we are promoting and an estimated US$1.5 billion in losses to the economy. However I was so enthralled by the huge steps that Kenya took democracy and the rule of law for the to avoid a repeat of such state of affairs. The new Constitution was peace and prosperity of our countries passed by referendum in August 2010 with two thirds of the popular vote. Indeed, Kenyans have reason for optimism given the broad and for the generations to come.”

The Parliamentarian | 2015: Issue Three | 147 The Acting Secretary-General’s Commonwealth Photo Gallery

Above left: Hon. Juan Watterson, Top and centre images: The 40th Conference of the Caribbean, Americas and Atlantic Region of Minister for Home Affairs & Chairman the CPA took place in Tortola, British Virgin Islands. The conference was attended by the Acting of CPA Isle of Man Branch meets Mr Secretary-General and Director of Finance and Administration of the CPA, Mr Joe Omorodion as Joe Omorodion, Acting Secretary- well as the Premier of the British Virgin Islands, Hon. Dr D. Orlando Smith (also pictured above General & Director of Finance and centre); Madam Speaker, Hon. Ingrid A. Moses-Scatliffe and the Leader of the Opposition. During Administration on a visit to the CPA the conference, the Acting Secretary-General of the CPA met with the Governor of the British Secretariat. Virgin Islands, His Excellency Mr. John S. Duncan, OBE and the Deputy Governor, Madame V. Inez Archibald, CBE. (pictured above right).

148 | The Parliamentarian | 2015: Issue Three The Acting Secretary-General’s Commonwealth Photo Gallery

Above and right: The 46th CPA Africa Regional Conference 2015 was officially opened by His Excellency Ukuru Kenyatta, President of the Republic of Kenya in Nairobi in the presence of the Chairperson of the CPA Executive Committee, Dr Shirin Sharmin Chaudhury MP and Mr Joe Omorodion, Acting Secretary-General and Director of Finance and Administration of the CPA. During the conference, amongst many meetings, the Acting Secretary-General and Director of Finance and Administration of the CPA, Mr Joe Omorodion met with the Speaker of the Senate of Kenya, Senator Ekwee Ethuro (above right).

Right: Delegates at the CPA Small Branches Committee Workshop held at the Tynwald Parliament on the Isle of Man and hosted by the CPA Isle of Man Branch. Pictured front centre are: the Speaker of the House of Keys, Hon. Steve Rodan; Mr Joe Omorodion, Acting Secretary-General and Director of Finance and Administration of the CPA; and Madam President of the Tynwald, Hon. Clare Christian.

The Parliamentarian | 2015: Issue Three | 149 COMMONWEALTH ELECTORAL NETWORKS COMMONWEALTH ELECTORAL NETWORKS The Commonwealth Secretary-General, His Excellency Kamalesh Sharma introduces the Commonwealth Electoral Networks and their work in setting the ‘gold standard’ in election management.

Democracy, development, and and identify lapses in the respect for diversity are at the process. It can also enhance heart of the Commonwealth’s accountability and transparency core values. The Commonwealth and thereby confidence in the attaches the highest importance process. But the mere presence to the conduct of credible and of observers does not legitimise peaceful elections as a means of or make an election credible. giving citizens an opportunity to Only an independent, capable choose their leaders and to hold and transparent electoral them accountable. management body, supported Parliaments, local by observers, can ensure the government, and other forms credibility of an election and of local representation are increase public and political all integral to democratic and confidence in it. accountable governance. Our Observing elections, and Commonwealth conviction making recommendations as is that governments, political to how electoral processes parties and civil society share can be improved, has long responsibility for upholding and been a distinctive brand promoting democratic culture strength of the Commonwealth Commonwealth Secretary-General and practices. and is greatly valued by our Kamalesh Sharma became Secretary-General in Although elections are membership. Current and April 2008 having been appointed by Commonwealth not the singular mark of a former parliamentarians are Heads of Government in Uganda in November 2007. Mr democracy, the management actively sought as members and credibility of the process are of Commonwealth Observer Sharma joined the Indian Foreign Service in 1965 and the crucial index in assessing Groups, and provide a valuable served at ambassadorial level in five missions including the health of a country’s contribution to the team’s overall India’s High Commissioner to the United Kingdom, democracy. Elections can often assessment of the electoral where he was closely involved in Commonwealth be tense and fraught affairs, process. This includes observing and the electoral period is a whether systems for electoral affairs. He was India’s Ambassador and Permanent moment when the credibility of administration are neutral and Representative to the United Nations in Geneva institutions and fundamental robust, whether there is freedom followed by the United Nations in New York where he rights and freedoms, including of movement and expression chaired the Working Group which led to the Monterrey freedom of expression and with peaceful, open dialogue freedom of assembly, are tested. and a free flow of information, Consensus; he was also closely engaged in the process As a result, election including through a free, which led to the formulation and adoption of the observation - be it international vibrant and professional media, Millennium Development Goals. Mr Sharma’s special or domestic – has progressively and whether public service interests lie in the empowerment of young people, become an important broadcasters are independent. component of the process. The It is with the goal of the advancement of women’s rights, the challenge of presence of observers can help advancing adherence to the poverty eradication and economic growth. to shine a light on shortcomings highest standards in the conduct

150 | The Parliamentarian | 2015: Issue Three COMMONWEALTH ELECTORAL NETWORKS

of elections through peer Electoral Network itself has support that the Commonwealth been designed, delivered and Electoral Network was managed using the advantages established. The Network conferred by contemporary brings together professionals technologies. Contact is from our electoral management maintained and collaboration bodies to share experiences, carried forward using our secure provide mutual solidarity, and Commonwealth Connects web promote good practice through space, which also provides knowledge and action in the online facilities for storing field of election management. and sharing knowledge. The When it was launched in Network’s flagship activity is a 2010 in Ghana, the Network biennial conference and to date was welcomed by electoral this has been held in Ghana, management bodies as a forum Canada and Kenya. These for collaboration, practical gatherings bring together the support and knowledge-sharing most senior officials in our and one which would collectively election management bodies for focus on key aspects of election a series of in-depth discussions management which would help on international best practice them discharge their heavy tied to an overarching theme. national responsibility. It has The 2014 conference provided indeed proved to be an effective a forum for members to discuss means for strengthening their issues around Strengthening independence and promoting Institutional Capacity and greater professionalisation. Its Electoral Integrity. be one later this year in Africa. the decision-making processes contribution can only grow with In addition, the Over time this direct assistance that affect their livelihoods time. Commonwealth Electoral will be of benefit not only to the and welfare. In the words of My desire in launching it Network has convened a series junior officials themselves, but our Charter, ‘We recognise the was that the Commonwealth of working group meetings on will spread to other permanent inalienable right of individuals Electoral Network should topics including voter education employees and temporary to participate in democratic establish a ‘gold standard’ in and electoral participation, election officials brought in to processes, in particular through elections management, ensuring voter registration and managing work at polling stations. free and fair elections in shaping that electoral management the power of incumbency. As the benefits and impact the society in which they live’. bodies in all our member These working groups have of Commonwealth collaboration countries are a source of already proved instrumental in extend ever more widely, each of national confidence and are helping countries to adopt good our member countries are able seen to be upholding the highest practices. Officials working in to contribute and play an active “In the words of electoral standards. one electoral management body part in upholding democracy, The quality of a country’s often find that they are dealing supporting development, our Charter, ‘We election rests largely on its with scenarios and challenges and broadening respect for recognise the electoral management body. that are strikingly similar to their diversity. The broad range of An independent, capable counterparts in other countries. Commonwealth membership inalienable right and transparent institution The Network encourages peer- enables it to serve as a template of individuals plays a critical role in winning to-peer learning, promotes the for the whole world, giving rich the confidence of the development of best practice meaning to the theme adopted to participate public. Election officials in guides and helps to identify for the Commonwealth Heads in democratic Commonwealth countries areas where targeted technical of Government Meeting taking increasingly turn to the Network assistance is necessary. place in Malta this November: processes, to improve their understanding Within the Network, a ‘Adding Global Value’. in particular of successful voter education Commonwealth Junior Election The success of an initiative initiatives and to keep abreast Professionals (JEP) Initiative is such as the Commonwealth through free and of rapid advances in the use training nearly a hundred young Electoral Network shows fair elections of technology in elections, for electoral professionals from over the enduring value of the voter registration, monitoring 40 different countries. Regional Commonwealth’s convening in shaping the campaign financing and many workshops have already been power across our global society in which other technical issues. held in Asia, the Pacific and membership and aims to uphold The Commonwealth the Caribbean, and there will the rights of all to be included in they live.’”

The Parliamentarian | 2015: Issue Three | 151 ELECTORAL AND VOTING REFORMS

ELECTORAL AND VOTING REFORMS IN MALAWI

Introduction The main proposals for reform Local government elections The 2014 Malawi Tri-Partite is that an absolute majority of These elections are governed Elections were characterized 50% plus one vote (50% + 1) by Section 147(5) of the by mistrust, a chaos that was will be required for a candidate Malawi Constitution, the Local unprecedented since the advent to win the presidential election. If Government Elections Act of multi-party elections in the none of the candidates obtains (LGEA) and also the Electoral country in 1994, and the non- enough votes in the election, a Commission Act (ECA) under acceptance of the results in second election involving the top which councillors are elected principle to date. The Malawi two candidates in the first round using the FPTP electoral Electoral Commission (MEC) is should be held. system. The key reform in this proposing a number of reforms area will focus on the reserving Hon. Raphael in order to recoup its lost glory Parliamentary elections of a number of seats for women, hopefully to be enacted by Parliamentary elections also making up to 40% of the Joseph Mhone MP February next year. use the FPTP system which councillors to conform with the is the Member for Nkhata has a number of challenges; Gender Equality Act of 2013. Bay Central in the Malawi The Proposed Electoral the most glaring of which is Parliament. Prior to Reforms the disproportionality between Coherence and Sufficiency of The electoral reforms are to the percentage of votes won Electoral Laws election, he held various address the ‘mischief’ associated by a party and the number This will be dealt with by: academic positions with problems in the process of of seats the party wins in the Consolidation of laws: including Lecturer in constituency/ward demarcation, National Assembly resulting in Historically, the Electoral Law at the University of the electoral law, electoral over-representation or under- Commission Act, the PPEA systems, electoral administration representation. and LGEA used to be one Act Malawi (Polytechnic) and the management of For example, in the 2014 of Parliament until they were and the Malawi College campaigns, result determination general elections, with only 17% split in 1996 but the LGEA is of Accountancy and as a and the announcement of of votes cast in parliamentary a duplicate of the PPEA and it Legal Consultant to the results. elections, the Malawi Congress is thus intended to consolidate Party (MCP) got up to 26.4% the last two Acts into one Act Malawi Parliament on Presidential election of seats. Similarly, the People’s now that the MEC is required to Parliamentary Procedures Under section 80 of the Party (PP) which got 18.1% of conduct tri-partite elections. and Practices. He is the Constitution, the president is votes cast in the same elections, Subsidiary legislation: The Founding Member of directly elected by the people they secured only 13.5% of the Minister has the power to make through a First Past The Post seats in the National Assembly. subsidiary legislation under the Commonwealth (FPTP) election system but the In the light of this, the Multi section 22 of the ECA and Corporate Governance elections are conducted under the Member Constituency system section 121 of the PPEA, on Forum. Parliamentary and Presidential is being proposed as a reform the recommendation of the Elections Act 1994 (PPEA). measure. Commission but section 104

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of the LGEA places the duty to Candidates eligibility: A The intended reform is for Above: The Parliament do so on the Commission. To candidate is required to get an amendment to section 63 Building in Malawi. clarify the conflicting provisions, a number of signatures of of the PPEA and for a new it is proposed to empower registered voters that endorse Communications Bill (2014) the Electoral Commission the candidature of an interested which will provide for the stakeholders including the Legal only to promulgate subsidiary person. The main observation independence of the Malawi Affairs Committee of Parliament legislation. is that the current required Broadcasting Corporation from to replace the Political Parties Voter eligibility: Section 77 number (i.e. ten signatures) is Executive control in terms of its (Rules and Regulations) Act. The (1) of the Constitution provides rather too low and contributes reporting and the appointment new Bill makes it obligatory for for eligibility for registration to to the increasing number of of the Director General befitting all political parties to disclose the all persons who are citizens or candidates and scales up the a public broadcaster. sources of their finances unlike are resident in the country for at cost of elections. It is intended to Vote buying: The electoral under the current law where least seven years; have attained increase the number of required laws say nothing on the use of there is no such requirement. age 18; and are born in the signatures to one thousand hand-outs during a campaign Determination of Results: In country. This partly contradicts for presidential candidates per thus creating a lacuna in Malawi, the practice has been sections 15 and 6 of the PPEA constituency, two hundred and terms of petitioning for undue that votes are counted right and LGEA which state that fifty signatures for MPs and fifty returns. The use of hand-outs at the polling station. Under every citizen of Malawi, those for councillors. exacerbates the abuse and section 95, the results from residing in Malawi and who, Campaign: Electoral laws plunder of public resources polling centres are collated and on or before the polling day, also regulate the conduct of by ruling parties and also verified by the Returning Officer shall have attained the age of campaigns for parliamentary, entrenches the practices of but unfortunately he does not eighteen years shall be eligible presidential and local patrimonial politics. Therefore, have the power to declare a to register as a voter in an government elections by legislation banning political winner for parliamentary or election. The proposed reform candidates and political parties. handouts in all its forms will local government as he has entails amending S77 of the Though a section of the PPEA be formulated with necessary to await the national result Constitution to allow voting age calls for fair coverage of all sanctions by amending sections announcement by the Electoral to be determined on the date of political parties by the National 66 and 115 of the PPEA. As a Commission. It is intended to polling and not on registration Public Broadcaster, in practice necessary development a new reform the law to empower in order to comply with the ruling party dominates both Bill, the Political Parties Bill Returning Officers as per international best practices. radio and television coverage. 2015, has been presented to all international practice by:

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“The electoral 1) Amending section 96 of apparent reason broke down Inauguration: Since the the PPEA to enable Returning particularly for the Presidential advent of multi-party elections reforms are Officers to determine results Elections to the extent that it in Malawi, the speed at which to address for parliamentary and local had to take the Judicial Court to the President-elect is sworn government and to certify the make a determination on behalf into office is noticeable. The the ‘mischief’ presidential count at the district of the Electoral Commission misconception is that once a associated with level within a 48 hour timeframe. as to who should be declared person has been sworn-in as 2) Amending section the winner. It is now proposed President of this country, no problems in 96 to clarify the powers of to increase the number of electoral commission or court the process of determination vis-a-vis the days for making an electoral would undo his/her presidency. publication of results under determination from eight to The proposed reform is to amend constituency or section 99 of the PPEA. 10 days or to be staggered for section 100 to the effect that ward demarcation, Results Announcement: Presidential, Parliamentary and inauguration should be done Under the current electoral laws, Local Elections to 7, 14 and 21 after settlement of all electoral the electoral the announcement of official days respectively. petitions, if any, which must be law, electoral results is governed by section This would require: adjudicated upon within 30 days. 99 with respect to parliamentary 1) Amending section 99 The proposed reform law systems, electoral and presidential elections and of the PPEA to have a one off on handover is under the administration section 83 in the case of local extension of the period when Presidential (Transition) Bill government elections. the results must be announced 2015 but unfortunately it does and the According to these provisions, by the MEC not exceeding 72 not deal with the issue of the management of the national elections results hours. date of inauguration or the must be published within eight 2) Giving power to the MEC swearing in of the President- campaigns, result days from the last polling day and to order a re-run where glaring elect pending resolution determination and in any event not later than forty- irregularities abound even before of electoral petitions. The eight hours from the conclusion the announcement of the result Presidential (Transition) Bill the announcement of the determination. In 2014 as required by section 99 of the would be best placed to deal of results.” the Electoral systems for no PPEA. with the matter by stating, in line

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with the Constitution, that the be independent of the District that the Chairperson of the 1) The tenure of inauguration takes place after Councils which are controlled by Electoral Commission shall be Commissioners in the MEC 30 days from the announcement the Executive. a Judge. The current view is should be a period of five years; of the Presidential election Independence and that the position of the head 2) Creation of the office result and the settlement of any Accountability: The of the Commission should not of Vice-Chairperson of the electoral disputes. independence of the Electoral be the preserve of Judges and Commission; and Dispute resolution: One of Commission has been therefore it is proposed that 3) That three Commissioners the reform recommendations is questioned in the way that the the MEC should be headed should be re-appointed for the that there must be an Alternative Commissioners are appointed by any competent Malawian sake of institutional memory. Dispute Resolution, as the by the President and are from different professions with Constituency and ward ordinary courts are generally answerable to him for the overall relevant expertise and leadership demarcations: The Electoral costly, slow and inaccessible fulfilment of their functions. This qualities including retired, but not Commission has powers to to many people in Malawi. This compromises the independence serving, Judges. review existing constituencies recommendation however seems of the Electoral Commission and Procedures for the under Section 76 (2) (b) of the to overlook the fact that it is the the unilateral closure of MEC appointment of the Chair and Constitution and wards under Malawi Electoral Commission in 2010 by the then President Commissioners: Currently the section 8(1) (c) of the Electoral (MEC) that has the overall exposed its vulnerability and President appoints persons to Commissions Act, at intervals functions of dispute resolution eroded its independence. To be members of the Electoral of not more than five years and under sections 113 and 114 of enhance independence and Commission in consultation with to alter them in accordance the PPEA. accountability of the Electoral the Leaders of political parties with the principles laid down in Another critical reform to be Commission, it is proposed that represented in the National the same sections. However, made is to sections 97, 99, 100 the Electoral Commission should Assembly under Section 4 of the the guidelines for demarcation and 114 of the PPEA which be reporting and accountable Electoral Commission Act. This of constituencies in the must allow a challenge to the to the National Assembly; and power has been abused in the Constitution are not supported results as soon as the returning that its finances be protected to past and it is proposed to reform by provisions in the PPE Act officer at the district level has ensure financial independence the law as follows: and the LGE Acts. It is therefore announced the winner rather as well by amending section 15 1) Provide for a maximum of intended to reform the laws by: than waiting for the national of the ECA. seven Commissioners including 1) Repealing the relevant determination of the results. This Composition of the Electoral the chairperson; sections of the ECA Act and the amendment would assist with Commission: The Electoral 2) Appointment of Malawians Local Government Act made in dealing with the vices of ballot Commission as stipulated in of integrity possessing expertise 2010 in which the demarcation removals from the districts by the section 75 (1) of the Constitution in various fields with a minimum of wards were subordinated MEC, the tampering with voting consists of a Chairman and at qualification of a Bachelor’s to Constituencies, to enable records and the 48 hour rule for least than six commissioners. Degree. the Commission determine the bringing petitions as laid down in The membership is drawn from 3) An open and transparent appropriate number of wards. section 99 of the PPEA. nominations from political parties procedure through 2) Amending the Town and represented in Parliament. It is advertisement in national Country Planning Act to prevent Electoral Management proposed to choose one of the newspapers and asking overlapping of Town, District, Since 1999 most Malawians following reforms: interested persons to apply and Municipal and City boundaries. have shown dissatisfaction with (a) Non-partisan Gender political parties to nominate the MEC in terms of electoral Balanced Expert Commission their intended interviewees who Conclusion management and administration - made up of a politically non- satisfy criteria (2) above. The electoral reforms are and that dissatisfaction was aligned gender balanced team 4) The creation of an to address the problems finally vindicated in the fiasco of that is appointed on the basis of independent assessment panel associated with the process of the 2014 tri-partite elections. It their professional skills, or for the recruitment of Electoral constituency/ward demarcation, is thus proposed to reform the (b) Combined/Mixed Gender Commissioners. the electoral law, electoral following: Balanced Commission - this is Tenure of Commissioners: systems, electoral administration Institutional set up: There a mixed membership gender Under section 75 (3) of and the management of is a need for clearly spelt out, balanced Commission that the Electoral Commissions campaigns, result determination distinct roles and responsibilities is representative of society Act, Commissioners are and the announcement of between the electoral including members nominated appointed to a term of four results. commissioners, the returning by political parties, civil society years with the possibility of officers and the secretariat. It representatives and politically being reappointed to another is further required to raise the non-aligned professional four year term. Practice has qualifications and competencies members. shown that re-appointments of a District Elections Officer to Chairmanship of the Electoral cannot be guaranteed. Thus degree holders and providing the Commission: The Constitution the following reforms are requisite resources for them to under section 75 (1) provides proposed:

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150 YEARS OF ELECTORAL REFORM

The Isle of Man: the world’s oldest parliament and the world’s youngest voters

The Speaker of the House of First, in 2015 we mark sovereign rights of the Isle of Keys explains the significance the 250th anniversary of the Man from the descendants of Sir of the year 1866 in the Revestment Act of 1765, the John Stanley.1 constitutional history of the Isle of moment in Manx history where The Revestment Act enacted Man, and outlines developments the Island became a Crown at Westminster in 1765 since that date in the Island’s Dependency. Second, in 2016 therefore returned the principal electoral system. we mark the 150th anniversary of rights of the Island to the Crown the House of Keys Election Act (for which reason, to this day, Readers of The Parliamentarian 1866, the moment where the the loyal toast in the Island is to will be well aware that Tynwald, Island took its first steps towards ‘Her Majesty the Queen, Lord Hon. Steve Rodan the legislature of the Isle of Man, being a truly representative of Man’). At the same time, is the Speaker of is the world’s oldest parliament parliamentary democracy. the so-called ‘Mischief Act’ of SHK in continuous operation, having Located as it is at the 1765 gave the English customs the House of Keys in the celebrated its millennium in geographical centre of the authorities powers to search Tynwald, the parliament 1979. The ceremonial sitting British Isles roughly equidistant all ships in Manx harbours and of the Isle of Man and of the Manx parliament which from England, Ireland, Scotland waters.2 The direct importation the Joint President of is still held annually at Tynwald and Wales, the Isle of Man has of all foreign goods was Hill in the centre of the Island always sought to take advantage prohibited as was the export of the Commonwealth follows a pattern which was first of its location together with its goods likely to compete with Parliamentary Association documented in detail in 1417 constitutional right to make its British produce.3 (CPA) Isle of Man Branch. but which has its roots in Viking own laws. In the seventeenth From the point of view of He is Member for the days. and eighteenth centuries, the the Island’s autonomy the What is perhaps less well Island did this through the Revestment Act of 1765 constituency of Garff, to known is the more recent ‘running trade’, sometimes was a low point. The Island’s which he was elected in history of Tynwald. Although referred to in the Island simply customs establishment was 1995. In his parliamentary the annual Tynwald Day as ‘the trade’, but in the United brought under the control career, he has served ceremony remains the centre Kingdom as smuggling. of the UK parliament and its point of the parliamentary In 1405 the ancient Kingship expenses were met by taxes on many Committees year, the composition of of Man had been given by Henry paid by the Manx people at rates and has served as a the legislature and its non- IV to Sir John Stanley. His heirs Minister of the Isle of ceremonial procedures have and successors continued to “To this day, the Man Government. His gone through many changes. rule the Island for 360 years, In 2015 and 2016, the Isle first as ‘Kings of Man’ and from loyal toast in political interests include of Man commemorates the the early sixteenth century as the Island is to constitutional matters, anniversaries of two significant ‘Lords of Man’. By the 1760s the external relations and milestones on Tynwald’s journey British government had decided ‘Her Majesty the economic, social and from its Norse origins to the that the only way to bring ‘the Queen, Lord of modern parliament we know trade’ under control was for the environmental policy. today. British Crown to buy back the Man.’ ”

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determined at Westminster, On the constitutional front, harbour works were to proceed, Above: The Laxey Wheel, built in not in Tynwald.4 The cry of ‘no on the other hand, the Island the Manx government would 1854, towers over the village of taxation without representation’, was in a sorry state. As noted need to gain control of raising Laxey in Speaker Steve Rodan’s made famous in North America above, significant powers over and allocating the necessary parliamentary constituency. in the same period, could have the Island’s revenues had been funds. He also saw that there Image credit: Paul Dougherty, gone up with equal justification taken by the UK parliament. was no chance of achieving Tynwald Seneschal in the Isle of Man.5 But although The Manx parliament, Tynwald, that control so long as the Keys the Isle of Man was not a colony remained in existence but with remained self-elected.7 universal. The franchise was but a separate kingdom with its a diminished role. Its lower In 1865 Loch submitted restricted to males owning real own ancient parliament, it was to branch, the House of Keys, was proposals to the UK Treasury estate worth at least £8, or be 100 years before the Island self-elected. Upon the death of that the Island’s government be tenants paying a rent of at least began to regain control of its a Member, a replacement was granted greater powers subject £12 per year. To that extent own financial destiny. selected by the Governor from to the Keys becoming an elected the reforms of 1866 did not put If 1765 was a low point, two nominees proposed by the body. After protracted negotiations in place a truly representative 1866 was a turning point. In the remaining Members. a deal was reached. On 18 May democracy. But that year stands middle of the 19th century the Economic prosperity 1866 the UK Parliament passed out in Manx history as the year Manx economy was doing well. brought with it demands for the Isle of Man Customs, Harbours when the principle of popular Shipbuilding was booming. The improvements to the Island’s and Public Purposes Act, by which election to the House of Keys age of tourism had begun, with infrastructure and in particular Her Majesty’s Customs would set was established. the Isle of Man Steam Packet to the port of Douglas which aside an increased proportion of Over the ensuing 140 years Company bringing 50,000 would soon become the Island’s the Manx customs revenues to the method of elections to the visitors each year.6 Mining was a capital. However, funding for fund such works as Tynwald might House of Keys went through major industry, as today’s visitors the Island’s ports and harbours determine. On 16 August 1866 a series of further changes. are reminded by the Laxey remained in the grip of the Tynwald passed the House of Keys Perhaps the most celebrated Wheel, constructed in 1854 and UK authorities. The Governor Election Act and the first election of these was the granting of now the world’s largest working appointed in 1863, Henry Loch, was held on 18 March 1867. votes to women in 1881, a water wheel. realised that if the necessary Voting in 1867 was not generation before the equivalent

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development in the United chief argument advanced being securing Royal Assent to so Book. We can conclude that the Kingdom. that there should be no taxation radical a piece of legislation. first woman to cast a vote in an An Election Bill arrived in the without representation. As a compromise the House election to a national parliament Keys in 1880 proposing to give On 5 November 1880 the of Keys prevailed upon the was Miss Eliza Jane Goldsmith of the vote to every male person of Election Bill went before the Legislative Council to consent Ramsey, who voted at Lezayre; full age who was not subject to Keys but still with the words to the enfranchisement only of or Mrs Catherine Callow of any legal incapacity, by removing ‘male persons’ in the text. unmarried women and widows Ballakilley, who voted at Bride; or the most onerous property In committee of the House, who owned property. Royal Miss Esther Kee of Leodest, who owning qualifications. With the following comments by the Assent was duly given and as a voted at Andreas.8 involvement of some reform- Speaker, Sir John Stenhouse result 700 women received the In 1892 the franchise was minded Members of the House Goldie-Taubman, Mr Richard vote for the first time, comprising extended to women tenants of Keys and the Manchester Sherwood MHK moved the about 10% of the Manx of property and in 1919 to all National Society for Women’s crucial amendment which electorate. adult men and women who had Suffrage, there soon followed a simply struck out the word At the first election under lived in the Island for the whole series of well-attended meetings ‘male’, thereby entitling females the new regime 460 women of the preceding 12 months. to publicise ‘Votes for Women’. to vote. The amendment was turned out to cast their vote, Also in 1919 the House of Keys On 3 November 1880, as the overwhelmingly carried by 16 representing a turnout of around took an important step towards Keys prepared to consider the votes to 3. 66%. In the 1880s polling took legislative primacy over the Bill, the Mona’s Herald published This was not the end of the place in different constituencies other branch of Tynwald when an editorial calling for the matter, for the Keys, despite on different days. The precise it became entitled for the first enfranchisement of women, the being a popularly elected time of opening of polling time to elect Members to the chamber, did not yet have stations was not recorded but Legislative Council. Below: At the General Election primacy over the other branch of the identity of each voter was The reform of the Legislative to the House of Keys in 1881, a Tynwald, the Legislative Council. noted sequentially in a Poll Council continued in the 1960s Poll Book was completed in each A spirited contest between the Book. The election began on and 1970s leading to today’s parish. It records each voter’s branches ensued. 22 March 1881 when voting system where, apart from the name and the candidates for On 14 December 1880 the took place in Ayre, in the north Bishop, all the voting members whom he or she voted. Legislative Council rejected of the Island. At three polling of the Legislative Council are Image credit: Paul Dougherty, the Bill, its Members professing stations, women’s names were ‘hired and fired’ by the House of Tynwald Seneschal to worry about the difficulty of the first to be recorded in the Poll Keys. On that basis and taking

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“On the day itself there were reports of young people at the doors of Ramsey Town Hall and other polling stations before eight o’clock in the morning, desperate to be not only the first voters through the doors but ‘the youngest voters in the world.’ ” into account also the changes holidays. Support and assistance collapse from the levels above Above: A House of Keys Election in the structure of the Island’s to help and encourage them 90% which had prevailed in Poll Book of 1881 shows that the executive government which to vote was not fully available 2001 and before. Among 16- first person to vote in the parish were made in the 1980s and until after the summer break. In to 17-year-olds there was a of Andreas was a woman, Miss 1990s, the House of Keys has these circumstances the fact dramatic rise from 34.4% to Esther Kee. Image credit: Paul a more dominant role in Manx that so many young people 60.1%, progress which has Dougherty, Tynwald Seneschal politics today than at any time in were sufficiently motivated to begun to make up for the poor its 900-year history.9 obtain the necessary forms for start in 2006. Returning to the matter of completion and delivery to the In 2015 we remember the The author gratefully acknowledges electoral reform, the Act of 1919 electoral Registrar before the Revestment Act 1765 (an Act the assistance of Dr Jonathan King, was not the end of the story. In closing date of 18 September of the UK Parliament) as a low Deputy Clerk of Tynwald, in the July 2006 the Island became 2006 was commendable. On point in the story of the Isle preparation of this article. the first jurisdiction in the British the day itself there were reports of Man’s development as an Isles – indeed one of the very of young people at the doors of autonomous nation. Its 250th References few in the democratic world – Ramsey Town Hall and other anniversary has been marked 1 John Grimson, The Isle of Man: to extend the right to vote in polling stations before eight quietly and thoughtfully, with a Portrait of a Nation (London: Hale, national elections to 16 and 17 o’clock in the morning, desperate historical seminar by the Manx 2009), page 176 year olds. to be not only the first voters Antiquarian Society and an 2 C. W. Gawne, The Isle of Man For the General Election on through the doors but ‘the exhibition at the Tynwald Library. and Britain Controversy 1651-1895: 23 November 2006, despite youngest voters in the world’. It has scarcely been a cause for From Smuggling to the Common high levels of publicity, of some Figures published in answer celebration. Purse (Manx Heritage Foundation, 2,000 residents of the relevant to a Tynwald Written Question In 2016, on the other hand, 2009), pages 42 to 43 ages, only 689 joined the in May 2014 showed that by we look forward to what will 3 Gawne, op. cit., page 49 electoral register, a disappointing 2011 it was a very different be very much a celebration as 4 Grimson, op. cit., page 183 35.0%. Turnout as a proportion story. Turnout as a proportion of we commemorate the 150th 5 Cf Gawne, op. cit., page 56 of those who had registered those registered fell slightly, both anniversary of the House of Keys 6 Grimson, op. cit., page 125 came in at 60.2%, very close to among 16- and 17-year-olds Election Act 1866 (an Act of 7 Grimson, op. cit., pages 198-199 the equivalent figure of 61.2% and among the electorate as a Tynwald). That Act was not an 8 Women’s Suffrage Journal, for the electorate as a whole. whole. However, on the plus side end but a beginning. But with the quoted in the Isle of Man Examiner, To some this was proof of there was a sharp increase in the further developments which have 2nd April 1881 teenage apathy. In mitigation I percentage registering to vote. taken place in the meantime, the 9 Grimson (op. cit., page 135) would argue on the teenagers’ Among the general population of House of Keys can look forward places the origin of the Keys in behalf that the change in the law voting age this figure rose from with confidence to the next 150 Godred Crovan’s time, i.e. the late had come at a time when many 79.5% to 86.9%, a promising years. eleventh century. were breaking up from school for recovery after the preceding

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CANADIAN ELECTORAL FINANCE IN THE 21ST CENTURY

Canada’s next federal election, The Dominion Elections Act modern regime was introduced. due to take place on 19 October required candidates to disclose The new Canada Elections 2015, will be the first in which their spending, but did not set Act built on the previous political parties will no longer limits on the amounts that could electoral finance rules, but receive the per-vote subsidy that be spent. Over the next century, aimed to improve regulation was introduced over a decade there were some modest of candidates’ spending and ago when corporate and union amendments, but electoral increase transparency by donations were restricted. finance rules remained minimal. providing for the publishing of This change is the latest in Political parties were not defined donors’ names and addresses. a series of reforms that have by legislation, and consequently These changes represented a significantly changed Canada’s their financial activities were Senator David electoral finance regime. Indeed, essentially unregulated. “Indeed, over over the last 15 years, this Smith is a Senator in regime has shifted dramatically A modern regime the last 15 years, the Federal Parliament from simply limiting how much In 1974, Parliament passed the this regime of Canada. He studied can be spent by candidates, Election Expenses Act which Political Science and Law to placing limits on spending, established the basic framework has shifted strengthening financial reporting for regulating electoral dramatically from and was called to the Bar rules and regulating individual financing that is still in use in 1972. Throughout his contributions. today. In response to the rapidly simply limiting legal career, he became increasing cost of election how much can a leading practitioner in A Brief History of Electoral campaigns, this legislation Financing in Canada: The aimed to control electoral be spent by municipal, administrative Early Years spending and level the playing candidates, to and regulatory law. In In the years following Canadian field between candidates. 1972, he was elected to Confederation in 1867, there The new regime consisted placing limits Toronto City Council and were few rules governing of an election expenses on spending, the financing of electoral reimbursement scheme tied was President of Toronto campaigns. Canada’s earliest to spending limits and a tax strengthening City Council and Deputy electoral statute, the Dominion credit mechanism for those financial Mayor of Toronto. From Elections Act of 1874, was contributing to parties and 1980 to 1984, he sat in the enacted in response to a high- candidates. The legislation also reporting rules profile political scandal in which defined political parties for the and regulating House of Commons as railway promoters provided first time. an MP and also served in campaign contributions to the In 2000, the first major individual Prime Minister Trudeau’s governing party in return for overhaul of Canada’s electoral contributions.” Cabinet. favours. finance laws occurred since the

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significant shift from internal funded, namely by banning expenses were increased. Above: Election campaigning control of finances by political most corporate and union A change in government in underway in Canada. parties to increased oversight contributions. The amounts 2006 led to another wave of by Elections Canada - Canada’s corporations and trade unions changes. The newly elected independent, non-partisan could contribute were restricted government of Stephen in 2011, the Canada Elections agency responsible for to a maximum of C$1,000 in Harper introduced the Federal Act was amended to phase out conducting federal elections and total to candidates and parties. Accountability Act. In addition the per-vote subsidy to political referendums. At the same time, a public to providing new measures parties by January 2015. The new legislation also funding regime was introduced to address accountability, At the subsidy programme’s introduced the first federal to compensate for the limits on transparency and oversight, the peak in 2011, Canada’s five rules concerning third-party these donations. This featured Act banned all corporate and major parties received over spending. Prior to 2000, third- an annual per-vote subsidy union contributions. As a result, C$28M in public subsidies party spending was neither (also known as the quarterly only individuals may contribute combined.1 In 2014, the regulated nor monitored, and allowance) to registered parties. to political campaigns in Canada. programme’s final year, the five was not defined in Canadian They would receive C$1.75 per This rule remains intact today major parties received C$9M legislation. The new law defined vote received by the party in and is key to Canada’s electoral combined.2 Because of the third parties, placed limits on the previous general election, finance regime. changes, political parties have their spending and established provided the party received In 2008, the minority had to adjust their fundraising reporting requirements. either 2% of the valid votes cast government of Stephen Harper methods. These campaigns are nationally or 5% of the votes in tried to end the per-vote conducted throughout the year, Taking ‘Big Money’ Out of the ridings where the party ran subsidy. This led to a political not only during electoral periods. the Equation candidates. Additionally, the crisis when the opposition Further amendments in 2011 In 2004, further changes rates of reimbursements for parties threatened to defeat increased transparency and were introduced that focused registered political parties and the government. After Prime placed restrictions on political on how political parties were candidates for election period Minister Harper won a majority loans. Under these restrictions,

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corporations and unions are regulation of campaign loans, is the partial reimbursement election period), the candidate’s prohibited from lending funds to and placed new limits on loans of election expenses. Like personal expenses (i.e. travel political parties, electoral district by individuals. individual contributions, such and living expenses or child care associations and candidates. reimbursements are subject expenses) and other expenses. Most recently, significant Canadian Electoral Finance at to limits. A candidate who Another way in which public reforms were made in 2014 a glance in 2015 receives at least 10% of the funding helps finance electoral when Parliament passed the In Canada, federal electoral votes cast in his or her riding is campaigns is through the Fair Elections Act. In addition campaigns are financed through entitled to a maximum of 60% Political Contribution Tax Credit. to making significant changes public funding and individual reimbursement for election This is a tax credit for individual to voter identification rules, contributions. expenses. Registered political contributions to registered vouching procedures, and the Regarding individual parties that received at least federal political parties or role of Elections Canada, the Fair contributions, as a result of 2% of the votes cast nationally candidates. Depending on the Elections Act amended electoral the 2014 amendments to the or 5% of the votes cast in the amount of the contribution, finance rules. Specifically, the Canada Elections Act, individuals electoral district in which they individuals are entitled to a tax reforms increased individual may contribute C$1,500 per have candidates are entitled to a credit of between 50% and contribution limits from C$1,000 calendar year to each registered reimbursement of up to 50% of 75%. The amount this credit to C$1,500 annually, increased political party, C$1,500 in total election expenses. costs the public purse annually election spending limits for to electoral district associations, For candidates, election varies between election and political parties, candidates nomination contestants and expenses are defined broadly non-election years. For example, and nomination contestants, candidates, and C$1,500 to and are divided into three in 2011, the year of Canada’s imposed new financial penalties each independent candidate.3 primary categories: election last general election, tax credits for candidates and political The most significant source expenses (i.e. any expense worth C$31 million in tax credits parties that exceed the election of public funding for federal reasonably incurred for property went to individuals for their spending limit, imposed tighter candidates and political parties or service used during the contributions to political parties.

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In 2014, a non-election year, the With the dramatic changes tax credit amounted to roughly the Canadian electoral C$25 million.4 landscape has undergone In addition to regulating throughout the last 15 years, it contributions and election will be truly fascinating to see expenses reimbursement, where the next 15 lead us. the Canada Elections Act regulates how money is spent. With thanks to: Erin Virgint, Candidates and parties are Parliamentary Information and subject to expense limits during Research Service, Library of the election period. Such limits Parliament, Canada. vary from riding to riding, as they are calculated according to References the number of electors in each 1 Elections Canada, Quarterly electoral district. In Canada’s Allowances to the Registered last general election in 2011 Political Parties (2011) for example, the election 2 Elections Canada, Quarterly expenses limits for political Allowances to the Registered parties varied from C$62,702 Political Parties (2014) to C$21,025,793, depending 3 Elections Canada, Contributions on the number of electoral limits as of 1 January 2015. districts in which each party 4 Department of Finance, Tax endorsed candidates. The limits Expenditures and Evaluations 2014 for candidates ranged from 5 Elections Canada, The Electoral C$69,635 to C$134,352.5 System of Canada—Political To ensure that limits are not Financing. exceeded, there are reporting requirements for parties, candidates and electoral district associations. Following an election, detailed returns must be filed with Elections Canada with audited statements of assets and “Any discussion liabilities, as well as the electoral of the state of expenses incurred. Failure to do so results in penalties in the form democracy and of reduced reimbursements for the health of an expenses. electoral system Conclusion necessarily Any discussion of the state of democracy and the health of involves a an electoral system necessarily consideration involves a consideration of the nature of fundraising, including of the nature the limits placed on the amount of fundraising, or sources of fundraising and on election spending. including the An interesting point to make limits placed on the current federal election campaign in Canada is that it on the amount will break spending records or sources of because of its length. The last two elections in Canada were fundraising both 37 days long, whereas this and on election one will be 77 days long and will, without a doubt, exceed all the spending.” previous spending amounts.

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Jamaica’s strong tradition concerning the registration of of voluntarily chosen, electors, electoral procedure, “Jamaica’s strong representative government has financial and administrative tradition of been enhanced by the presence matters, electoral offences and and activity of political parties, as other relevant subjects. voluntarily chosen, the vast majority of persons who Additionally, Parliament representative have contested elections over has enacted the Electoral the years have done so under Commission (Interim) Act government has the banner of one of these 2006, thereby establishing been enhanced organisations. Their integrity the Electoral Commission of and operation is therefore an Jamaica (ECJ) whose objects by the presence Hon. Phillip appropriate subject for scrutiny are “to safeguard the democratic and activity of and legislation. foundations of Jamaica by Paulwell, MP is a Jamaica’s laws and enabling eligible electors to elect, political parties, as Cabinet Minister and conventions facilitate, promote through free and fair elections, the vast majority Leader of the House in and protect freedom of choice their representatives to govern 1 of persons who Jamaica, having been in for electors and entry into Jamaica.” representational politics by its Political party financing in have contested Parliament for twenty citizens. This is reflected in particular is brought into the years. Having served in an amendment made to the remit of the ECJ via subsection elections over the the Senate from 1995 to Representation of the People 6(1) of the legislation, in which years have done so 1997, he was elected to Act in 2014 immediately the functions of the body are following the 70th anniversary delineated. Paragraph 6(1)(g) under the banner represent East Kingston of universal adult suffrage. empowers the ECJ to “approve of one of these and Port Royal in 1997. The prime objective of this political parties eligible to receive organisations. A lawyer by profession, amendment is to improve state funding with respect to any he is currently Minister the regulation and funding or all aspects of the electoral Their integrity arrangements governing political process” and paragraph (h) of Science, Technology, parties. authorises it to “administer and operation Energy and Mining, with The Representation of the electoral funding and financial is therefore an additional responsibility People Act, passed in 1944 disclosure requirements.” appropriate subject for parliamentary affairs when universal adult suffrage In keeping with its mandate, took effect and updated the ECJ has submitted three for scrutiny and and electoral matters. repeatedly thereafter, provides reports to Parliament relating the legislative framework for the to the financing of political legislation.” nation’s system of parliamentary parties and election campaigns democracy. It makes provision in recent times. Its report on

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Political Party Registration and resources to political parties in accordance with the principle “There are individuals and Financing was tabled in 2010, and the manner in which such of equal opportunity, thus organisations that will contribute while its recommendations resources are utilised ought to strengthening political pluralism to the funding of political parties on Campaign Financing were be duly regulated, and that it is and helping to ensure the proper based on their agreement submitted in 2011 and revised fitting for the state to play a role functioning of democratic with the ideological principles recommendations on the latter in providing finances to these institutions.”4 of the party, the policies that subject presented in 2013. bodies. It is therefore apparent they propose and personality These reports have informed Both positions are supported that the ECJ’s vision for the and quality of the individuals the latest amendment to the by the European Commission regulation and funding of proposed by the party to hold Representation of the People for Democracy through Law political parties has international public office. The framework for Act. (the Venice Commission), support in principle and in funding of political parties must In Jamaica, the public purse which describes the regulation practice. of necessity allow for funding to has not been among the sources of political party funding as The ECJ proposes that come from such sources.”6 of financing conventionally “essential to guarantee parties political parties recognised by They are, however, seized available to political parties. independence from undue them are to be financed from of the potential pitfalls of such However, the ECJ has identified influence…and to provide funds from the State; dues donations, noting that “the state funding, monitoring and for transparency in political charged to their members; danger to be avoided is that no enforcement, and limits on finance.”3 contributions from individuals, single individual or organisation contributions and expenditure They state, moreover, that organisations and fundraising … should be able to contribute a as key areas for oversight mechanisms for public funding events; and income earned from sum that gives that individual or in seeking to strengthen have been designed and legal sources.5 organisation sufficient voice and the regulation of campaign adopted throughout the globe In recognising the influence to disproportionately financing.2 and that such systems “are appropriateness, and indeed the influence the decision-making of Implicit in this stance is the aimed at ensuring that all parties importance, of private funding, the the party by virtue of the size of view that the inflow of material are able to compete for elections ECJ makes the following assertions: that contribution.”7

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Similar sentiments are parties is premised on the require them to record and report other reasonable logistical reflected in a recent Private thesis that political parties in on their finances, and enable and operating expenses to Member’s motion that has a small, growing democracy them to receive state funding. strengthen the political party been referred to a joint select perform important public The Bill reflects the ECJ’s as a democratic institution (the committee for consideration services in representing recommendations in their proposed section 52AH as and report. The motion calls for general and specific interests aforementioned report on contained in clause 3 of the Bill). legislation that will require civil of people. These demands Political Party Registration and Nevertheless, the ECJ reports society groups, special interest extend beyond the resources Financing (2010), but excludes and the amendments to the law groups and lobby groups to available from membership the proposals regarding are the groundwork for a new protect Jamaica’s democracy dues and contributions from campaign financing from the system of state funding into from becoming compromised on like-minded individuals and two later reports, as the clause which campaign financing is to account of unknown or tainted organisations… State funding is that prescribes the purposes for be incorporated in the future.9 sources of funding or input from a justified and justifiable means which the funds allocated to a Furthermore, the views persons with hidden agendas. of helping to offset this deficit registered political party shall expressed in the debate In defence of the use of between available resources be used “solely and exclusively” give insight into prevailing public funds to support political and the demands and needs of does not mention campaign perceptions regarding the parties the ECJ presents the representation.”8 activities. principle and practice of state argument cited below: The potential for controversy The permissible uses are in funding of election campaigns. “State funding for political that is inherent in this position is fact limited to the development Detractors reveal concerns in manifested in comments made of the political party; the relation to competing uses of Below: The Caribbean cruise by some parliamentarians in the offsetting of its operating tax dollars, with some persons port of Falmouth in Jamaica. debate on a bill to amend the expenses; party recruitment and favouring social spending Representation of the People civic education; research and over monetary support to the Act to make provision for the policy development; education democratic process, given registration of political parties, and training of members; and Jamaica’s economic situation.

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“Concerning campaign spending limits, the ECJ posits that ‘allowing unfettered campaign spending enables well-financed candidates to drown out the voices of their opponents, reducing the overall quality and diversity of debate.’ ”

The resulting compromise is the insertion of a provision to enable the effective date of certain sections of the bill to be deferred.10 Concerning campaign spending limits, the ECJ posits that “allowing unfettered campaign spending enables well- financed candidates to drown out the voices of their opponents, campaign expenditure may be in their integrity and results. With Political Party Regulation, p.35 reducing the overall quality and justified where this is necessary heightened regulation in respect 4 Ibid, p.38 diversity of debate.”11 to ensure that the free choice of of political party financing, there 5 Electoral Commission of Prior recognition of this voters is not undermined or the will be even greater confidence Jamaica (2010) Report to Parliament principle is evident in section democratic process distorted by that there is equity in the on Political Party Registration and 55 of the Representation of the the disproportionate expenditure distribution and use of funds in Financing, p.8 People Act, which prescribes on behalf of any candidate or the preparatory phase leading up 6 Ibid, p.9 the total amount of expenditure party.” to elections and that no political 7 Ibid. that may be incurred in relation The measures and party has been placed at a 8 Ibid. to the candidature of any person achievements outlined above disadvantage solely on account 9 Electoral Commission of at any election. This represents demonstrate Jamaica’s of economic factors. Jamaica (2013) Report to Parliament another area in which local laws commitment to justice and on Campaign Financing – Revised and their underlying principles fair play in the practice of References Recommendations, p.2 accord with international norms, parliamentary democracy and in 1 The Electoral Commission 10 The Representation of the as the United Nations Human relation to the electoral process (Interim) Act, 2006, section 5 People Act, 2014, section 1(2) Rights Committee in General in particular. The mechanisms 2 Electoral Commission of 11 Electoral Commission of Comment No. 25 (27) on established to preserve the Jamaica (2013) Report to Parliament Jamaica (2013) Report to Parliament Article 25 of the International system have led to gradual but on Campaign Financing – Revised on Campaign Financing – Revised Covenant on Civil and Political significant improvement in the Recommendations, pp. 8-9 Recommendations, p.14 Rights acknowledges that climate surrounding the conduct 3 OSCE/ODIHR and Venice “reasonable limitations on of elections and increased faith Commission (2010) Guidelines on

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THE PRICE IN POLITICS: THE NEW SOUTH WALES EXPERIENCE

Introduction the subject of a year-long The problem is one of While governments throughout argument, played out in court balance. To limit or impede an the world find themselves and the national press, ultimately individual’s or an organisation’s facing issues relating to political resulting in a judgement in Mr right to political expression is donations, the New South Wales Hockey’s favour. His Honour perhaps the most egregious experience may provide insights found that the Treasurer had contravention of liberty, however, into how this problem should been defamed. there are no justifiable grounds be approached. The challenges The specifics of the 122 on which anyone can allow the faced by all are fundamentally page judgement are not of political system to be corrupted the same; the ultimate goal is particular concern, however, by money. to have a regulatory system the dispute is raised for its It is essential that individual Hon. Trevor Khan in place that is just, fair and symbolism. Political donations electors feel they have equal equitable and maintains the have become a polarising topic access to their politicians as MLC is the Deputy confidence of the voters. in Australia, one that has found large corporations. If that faith is President and Chair of itself front and centre of the lost, if the cynicism of individual Committees of the New Politicians for sale? public discourse on politicians electors is allowed to fester then South Wales Legislative It is not often that the Treasurer and our democratic institutions the risk arises that voters will of a nation is the plaintiff in generally. lose faith in their democratic Council in Australia. proceedings before a court. The influence of donations institutions. Trevor, now in his second Indeed, it is unsettling for the on political parties and term, was elected to Minister and the electorate when governments in Australia, A legislative response the Parliament in 2007, the matter concerns a headline and particularly in New South In New South Wales, there has, suggesting that a senior political Wales, is one that is capable without doubt, been a climate having practiced as a figure can be ‘bought’. of undermining the trust of the where representative democracy solicitor prior to entering The case of Hockey v Fairfax electorate, not just in individual was and is under stress. Several Parliament. Media Publications Pty Ltd was politicians, but in the democratic surveys in the last five years before Justice White of the institutions as a whole. from leading public policy Federal Court of Australia in Payments or donations are institutes have consistently early 2015. seen as a sign of shadiness. found that the trust Australians On 5 May 2014, The Money in politics is seen as and the New South Welsh have Sydney Morning Herald and a clear sign of corruption. No in their elected officials is poor associated Fairfax Media news longer are donations perceived at best. outlets published an article that as legitimate acts of support for The NSW Independent led to Australia’s Treasurer, a candidate of political party, Commission Against Corruption Joe Hockey, making a claim rather, all too often they are (ICAC) has featured prominently for damages. The headline seen as an attempt to buy favour in our 24/7 news cycle. It ‘Treasurer for sale’ became and influence. is unarguable that while its

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purpose is to identify serious Commission, both as a statutory a Five Point Action Plan was Above: The New South Wales and systemic corruption, the body, and as a character in the announced to address corrupt Parliament Building in frequency with which the public narrative, has exposed dealings. Among the reforms Sydney, Australia. Commission and the people who several dishonest politicians and were: come before it find themselves public officials. • A strengthening of the businesses, liquor and gambling in the headlines further The impact of its power is ICAC laws, organisations and property aggravates the already poor perhaps best demonstrated by • Improved whistleblower developers were all sanctioned state of affairs in our State. the memory lapse on the part protections, classes. The potency of the of our former Premier, Barry • election campaign finance The rationale for these O’Farrell. Having forgotten he laws reforms, and reforms was the perceived was a gifted a bottle of Penfolds • an increased regulatory propensity of these groups “The challenges Grange, the ICAC was able to framework for lobbyists. to seek to gain a commercial faced by all are call into serious question his In this article, I choose to only advantage from government credibility, not just as a witness look at two areas of legislative through political donations. fundamentally the in its hearings, but also in the reform, namely election These organisations also same; the ultimate minds of the public. This resulted campaign finance and the have significant pools of funds in his resignation as Premier and regulation of lobbyists. that could be used to sway goal is to have a untimely exit from politics. the decision making process. regulatory system What options therefore do Electoral Campaign Finance Accordingly, it was deemed fair Governments, political parties, Reforms that controls be put in place to in place that is just, individual Members of Parliament Under the previous Labor limit their potential influence. fair and equitable and their constituents have to Government in New South Additionally in 2010, further ensure a fair, equitable, and Wales, reforms of the political reforms were introduced by the and maintains the honest interplay between the donations laws had begun then Labor Government that confidence of the represented and government? with bans being imposed upon imposed individual donations Upon the election of O’Farrell’s donations by discrete classes caps and a limit on election voters. ” Coalition government in 2011, of donors. Tobacco industry campaign expenditure of

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A$100,000 per candidate, and Court subsequently ruled that Liberal candidates ahead of the been reserved with a decision for parties allowed them to only this reform was invalid as it 2011 state election. This matter expected within weeks. spend a further A$50,000 in infringed the implied freedom of was investigated by the ICAC In reality, the decision of seats they contested. political communication in the and Mr McCloy, who was also the the High Court is likely to The reforms introduced by Commonwealth Constitution. Mayor of Newcastle, resigned shape the further reforms to the O’Farrell Government went Whilst further reforms to amid the revelations of the illicit donations laws, not just in New further than those previously electoral laws are likely to donations. He is now challenging South Wales, but also the other introduced. These key reforms occur during the current term the NSW Government’s political States and possibly also the introduced by Premier O’Farrell of Parliament by the Baird donation laws, arguing that they Commonwealth. included making it unlawful Government, those who have limit the right to free political for a political donation to a been the subject of restrictions communication and expression. The Role of Lobbyists party, candidate or third-party have not been entirely quiescent. Lawyers for Mr McCloy The Lobbying of Government campaigner to be accepted As has already been referred argued that property developers Officials Act 2011 was unless the donor was an to, the High Court has already who donate to political parties introduced to combat perceived individual who was enrolled to considered one challenge to the to access politicians are no problems with lobbying in New vote. legislation when Unions NSW different to citizens who are not South Wales. A further reform aggregated challenged the aggregation prohibited. They argued that the Put simply, the capacity election expenditure for provisions of the legislation. banning of donations by property of lobbyists to gain access to the purposes of the caps Now a further challenge developers unduly distorts the politicians and senior public on electoral expenditure is in full swing with a property free flow of communication. Mr servants is demonstrative of between related parties and developer, pursuing the matter McCloy has also challenged the one of the problems besetting their affiliated organisations. before the High Court. By way cap on individuals, who may only modern politics. This measure effectively of background, Mr Jeff McCloy, donate $5,800 per annum to The role of political lobbyists aggregated the expenditure of a NSW property developer, gave political parties, as the result of in New South Wales is the the Australian Labor Party and donations totaling $31,500 to the cap has the same outcome. quintessential conundrum that its affiliated unions. The High fund the election campaigns of The Court’s decision has is posed by the question of how

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“Put simply, regulation since the introduction the capacity of of this Act. lobbyists to gain Mike Baird, who succeeded access to politicians Barry O’Farrell, and senior retained lobbying regulation as public servants a focus of his is demonstrative government’s plan. of one of the Under the problems besetting Baird reforms, our Electoral modern politics.” Commission was empowered as we ensure a fair, equitable, and the independent honest interplay between the regulator of represented and the government. lobbyists in NSW. Lobbyists, through their access Ethical standards to powerful people, have power were applied and influence, or at least the to third-party perception of it. lobbyists and the There is a perception and regulator now demonstrated circumstances has the power in which their activities have to investigate significantly affected the alleged breaches business of government, whether and impose it is to the greater benefit of the sanctions which people, or conversely, the private could result benefit of the people whom the in firms being lobbyists represent. removed from Amongst the reforms the Lobbyists introduced by the Lobbying of Register. Government Officials Act 2011 Ministers are were the banning of success required to publish quarterly through donations to political to others. fees for lobbyists and former diary summaries of meetings parties. Governments are None of us are in a position ministers and parliamentary with external organisations on inherently linked to their political to furnish anyone with a secretaries were prohibited from portfolio related activities and base, and therein, financial framework and say that it solves engaging in lobbying activities the Ministerial Code of Conduct support for a party that is in the problem. The nature of for 18 months after their exit is enforceable by the watchdog, government can easily lead to government, politics and political from parliament. the ICAC. an unwanted causal link; donors, parties are fluid and must be able The issue of success fees Additionally, the provisions of through money alone, could to hear and respond to all people, was of particular concern the Ministerial Code of Conduct influence the decision-making regardless of their power or lack because, depending on the have been strengthened, such process. thereof. degree to which a lobbyist was that a substantial breach of the The dilemma in our context, willing to be unethical, their ends Code will now constitute corrupt Conclusion and the way in which our could be achieved and would conduct for the purposes of the All these examples demonstrate government has approached it be remunerated based on the ICAC Act. the complexity of the issue; shows that a solution cannot be extent to which they delved into These further standards and balance is difficult to achieve found overnight. the depths of dishonesty. The requirements, legislated in 2014 when the assertion that money The polices are evolving, and penalties in place for success have placed increased pressure offers power is not baseless; with due process, there is great fees reveal the preoccupation on Ministers and the lobbyists. rather, it has the real potential potential in eventually having a this issue has in NSW public It is not only lobbyists that to sway the decision making of system in place that is fair to all life; corporations can be fined come under scrutiny. The governments and to influence constituents, but also one that up to A$55,000 and individuals other classes of people and policies in ways that provide ensures electors retain their faith A$22,000. organisations are those who are benefits to certain groups that in the democratic institutions. Lobbyists have faced further able to exert influence directly can concurrently be detrimental

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This article examines the Legislature) consists of a 2,000 people. The electoral role Electoral System in the Island of President and ten States consists of about 1,380 electors. Alderney where I am an elected Members. The President chairs Turnout in the last two elections Member of the Legislature (“The the monthly States Meetings has been 69% and 73% States”). Alderney is a small and stands for election every respectively, while the turnout Island within the Bailiwick of four years. in the subsequent plebiscite Guernsey but retains its own The States Members hold has been just under 50%. In Legislature. The States meets 10 office for a period of four years the past two States of Alderney times each year to debate and and in alternate years, there is Elections, 12 candidates pass legislation submitted for an ‘Ordinary Election’ at which have contested 5 seats. In the Robert McDowall is consideration. five of the sitting members plebiscite for representation in an elected member of the may offer themselves for the States of Guernsey, three Introduction re-election. Thus, continuity and four candidates respectively States of Alderney, one Alderney is a self-governing, at all levels is maintained have contested. of the Channel Islands democratic territory and one and represents a stable, A number of local services within the Bailiwick of of the principal Islands of the experienced parliamentary on Alderney are provided by Guernsey, where he Bailiwick of Guernsey. The body. In addition, two States of the States of Guernsey. These Island is outside the European Alderney Representatives are ‘transferred’ services, which serves as Chairman of Community and is also a British full members of the Guernsey include health, policing and the Finance Committee off-shore finance centre to States of Deliberation and take education, are provided in return and Deputy Chairman of the larger islands. The United part in the Government of the for the collection of income and the Policy Committee. Kingdom looks after the Bailiwick with full voting rights. other taxes from the people Channel Islands in the fields of Under a temporary arrangement of Alderney. The States of Outside politics, Robert is Foreign Affairs, Defence and established in 2007, but yet to Alderney delivers most of the an adviser to a number the Islands’ association with the be reviewed formally, they are public services for Alderney, of businesses and a European Union (EU). elected by plebiscite some 14 while States of Guernsey staff consultant to financial In many senses the States days after the States of Alderney deliver transferred services. of Alderney is ‘a Parish Council Election for a period of two services think tank, Zyen. posing as a jurisdiction.’ It years. By custom the States of Current voting procedures com. Robert has recently has to address a wide range Alderney has ratified its support “In accordance with The completed his three and scale of issues ranging of that election outcome. Prior Government of Alderney Law year term as President from jurisdictional ratification to 2007, the States of Alderney 2004, the States of Alderney of international treaties and alone nominated the Alderney shall hold elections every two of the Folklore Society, agreements to minor regulatory Representatives to the States of years or appoint a day, not earlier an Academic Charity, of matters such as licences, traffic Guernsey. than the 14 November and not which he is also a Trustee, and window designs! In terms of metrics, resident later than the 14 December in based at the Warburg population of the Island that year (or such other dates The current legislative structure according to an electronic as the States may appoint Institute in London. The States of Alderney (the census in 2014 is approximately by Ordinance) on which an

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Ordinary Election shall be held following the closure of the Civil Service and his staff, the Above: The scenic coastline for the purpose of electing nomination process. Jurats (Magistrates) carrying out of Alderney. Image: www. members of the States in place (2) Proxy Vote - Application the count and each candidate visitalderney.com of the members whose terms forms can be obtained from the (or his representative) may be of office expire in that year. If a Office of the Chief Executive. present during the count. Anyone What reforms in terms of casual vacancy occurs among These allow a relative or wishing to attend should seek design and management of the members, the States shall friend, who is registered on the the consent of the Returning elections might be considered? appoint a day not later than electoral roll, to be nominated Officer prior to Election Day. They are inevitably limited given 3 months after the vacancy to cast a vote on their behalf on Unauthorised persons are not the small electorate. occurs on which there shall be Election Day. admitted. The electoral count held a By-Election, unless the Applications for both takes some 3 to 4 hours. The Political parties vacancy occurs on or after the postal and proxy voting must vote(s) on each ballot paper is The major challenge is the 1 July in the final year of office be registered with the Chief read out by the Returning Officer absence of political parties. of the member whose office has Executive at least two days prior and independently recorded There is a received wisdom in become vacant, in which case to the election. Vote counting is by the Jurats who periodically the Channel Islands that the the vacancy shall remain unfilled a curiously elaborate, laborious cross check the votes for each absence of political parties is until the next Ordinary Election.” and antiquated procedure. candidate every time they the essential strength of the Residents that are registered Immediately after the end of record an additional five votes localism which is essential to on the Electoral Roll but will polling hours, the votes are for that candidate. This open the historic democracy and the be absent from the Island counted in the Anne French outcry process of counting the established form of governance on Election Day, have two Room, Island Hall. votes is a curious anachronism, adopted by the various islands. alternatives open to them:- It should be noted that which reflects a small and A closer inspection of the (1) Postal Vote - Application according to the States of closed community where it was effects this relatively unusual forms can be obtained from the Alderney Election Procedure important to try to dispel the arrangement has on the ability of Office of the Chief Executive but Ordinance 1987 only the perception of personal influences the islands to govern themselves voting slips cannot be posted Returning Officer, who is the set the outcome of the election. soon proves that such a view is until they have been printed Chief Executive and head of the extremely misguided; the lack

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of political parties is, in fact, a concept of ‘first amongst equals’ there is no guiding principle or elected representatives has no fundamental weakness which is difficult to impose, where philosophy which shapes and such responsibility since he or actively and obviously is a barrier there is no rules-based structure forms policy-making to produce she is but one of ten who are to good governance. in place for the absolute a consistent, coherent and equally accountable for, but can In most parliamentary determination of who is to be holistic ‘joined-up’ programme just as easily abdicate personal systems, the political party ‘first’. of government. Policy-making responsibility for, whatever the structure gives shape and Similarly, any potential leader becomes, almost by default, failures of the government of discipline to the governance of of the group of ten equals entirely personality based, the day. the State; this politicisation of the does not find it easy to forge lurching from one ‘issue’ to ‘What could I do? I was but functions of the State brings with a consensus around what another, each in its own silo one loan voice’ is a very easy it many advantages, including might well be ten opposing or and is subject to the vagaries of response on the doorstep when strong leadership, discipline, disparate views. In practice, populist mood-swings (by which, faced with a disillusioned voter and a holistic and principled therefore, whilst in Alderney we as it happens, independent and when seeking re-election. approach to policy-making, have seen many attempts at the non-aligned representatives The absence of political continuity and accountability to assertion of leadership by one seem to have an unfortunate parties in Government may the electorate for the conduct of individual or another, these ‘de tendency to be greatly seem to those who have not government. facto governments’ are almost influenced). experienced it, an attractive The election of ten always short-lived because of Perhaps, most obviously, the proposition. Too many who independent and non-aligned a refusal of the majority of the ten independent representatives have experienced it, however, individuals, as in the case of group to voluntarily recognise are not, in any meaningful as we in Alderney do, it is Alderney, brings none of these that particular leader’s authority; way, really accountable to the anything but. The political party advantages and, indeed, might his or her authority is inevitably electorate for poor governance. system remains as relevant and be said to bring about the very undermined by the ease with A political party, if it is granted essential to effective democratic opposite characteristics to those which it can be ‘removed’. power, will stand or fall by its government today as it was offered by the party system. An ‘agreed programme record in office and its ability 300 years ago when Edmond It is difficult for one individual for government’ - which to deliver upon its published Burke became its first notable to assert him or herself as a would naturally result from a manifesto; it is granted a advocate. ‘leader’; it often proves difficult conventional political party mandate to deliver the policies The Channel Islands for independent members who based election - simply does not which the electorate deemed electorates would do well to have been elected on what they materialise in a new assembly of the most attractive of those on adopt, albeit somewhat belatedly, see as their ‘personal mandate’ ten independent members. The offer and is fully accountable to a more Burkean approach to to accept the authority of one States can only develop policies the electorate as a result. Any representative government; on of their number who has simply in an ad-hoc, unstructured and one independent representative Alderney at least, it would be been similarly elected - the haphazard way; most importantly, in a government of ten similarly the key to unlocking the hitherto hidden economic potential of the Island.

Election spending There is no limitation on expenses spending by individuals in elections. In practice, candidates confine themselves to modest stationery and postage costs to ensure their election manifestoes are widely distributed, though in truth the two local ‘news sheets’, The Alderney Journal and The Alderney Press (bi-weekly publications) print the candidates manifestoes. Establishment of political parties would clearly change this dynamic.

Opinion Polls Opinion polls play no part in the run up to the elections. However, there is always speculative

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discussion about the prospective success of the candidates on in the run-up to elections and how accurate are they?

The Media and Elections The media profile the election candidates and their manifestoes. They add a little excitement and enthusiasm in the run-up to the election and its results. Unfortunately they provide very little analysis of the manifestoes, the majority of which tend to pay undying loyalty to the Island, its perceived charm and beauty. The absence of political parties probably ensures that media presentation of the candidates and the elections is relatively unbiased and were put to public consultation, jurisdictions. The concern is Above: The distinctive ‘blue’ post uninfluenced by segments the issues would not strike a that younger people tend not to boxes are a feature of Alderney of the population. Voters are resonant chord because the vote or register, a reflection on in contrast to the red post boxes influenced by a mix of tribal/ majority of the electorate is in the broad disillusion of younger elsewhere in the British Isles. family loyalties and personalities. excess of the age of 50 and people with politics in general in Introduction of political parties women voters are not calling for the Western Hemisphere. would, undoubtedly, change the such initiatives. and additional taxation. dynamics of media coverage and Young People The remuneration structure reporting. Application of technology to the Engagement of young people is and organisation of Committee voting process a critical issue in Alderney and Meetings do not attract younger Voter Registration A simple interrogatory screen in in the Bailiwick of Guernsey people. They have the primary The Voter Registration process a booth, where a menu displayed as a whole. The demographics responsibility of their families and access to voting is firm, the candidates, constrained the are alarming as the number of and a full time job. For those robust and secure. However, number of votes and captured people over the age of 50 is in employed, where employers there is strong evidence of an audit trail would eliminate the excess of 50% of the population are willing to release them, and tactical voting. When faced with open outcry method of count. It in Alderney and approaching for the self-employed under the opportunity of selecting 5 would need to be accompanied that figure in Guernsey. Only retirement age, the remuneration candidates, many voters confine by some independent audit of two members of the States of issue could be addressed by themselves to voting for fewer the transaction trail and the Alderney are aged under 60. paying those under retirement than 5 or sometimes even to a figure count. However, the cost Inevitably many States age the equivalent of what they single candidate. reduction would only be achieved Members tend to focus on the forego through engagement in over a number of elections as issues of aging, particularly public service. Gender quotas there would be some capital and health and social services, The female to male ratio of programming cost of the system. the highest areas of public Conclusion the electors in Alderney is expenditure in the Island and the In summary, Alderney and the approximately 55%:45% with Education and Turnout Bailiwick of Guernsey. Electoral Bailiwick of Guernsey have more female electors. Currently The electorate is well briefed on prospects tend to diminish for some very specific challenges in there is only one female Member Island issues but tends to ignore States Members who seek addressing electoral reform, the of the States of Alderney, the macro-political and economic re-election if they advocate most notable being the absence although 3 women stood in the influences of the outside world reform and reduction in these of political parties, while other most recent 2014 election. in selecting the candidates for areas of public expenditure. issues, principally demographic There have been as many as whom they wish to vote. If I quote Ultimately, the younger issues, are the same as in other three female Members of the my own manifesto in 2012: “No generation will have to assume jurisdictions but are seen in States of Alderney at the same Island is an Island, especially the financial responsibility for sharper relief in Alderney and the time historically. Gender quotas in 21st Century.” The turnout what are generous health and Bailiwick of Guernsey. have never been discussed. of about 70% is satisfactory social services, policies which I suspect that if the matter when compared with other cannot be sustained without new

The Parliamentarian | 2015: Issue Three | 175 EXTENDING THE VOTING FRANCHISE

EXTENDING THE VOTING FRANCHISE An analysis of how different electorates have extended the franchise for parliamentary elections

The franchise is the issue on Republic, Cyprus, Kuwait, Guernsey, Jersey and the Isle of which there has historically Lebanon, Malaysia, Oman, Man. The UK region of Scotland been more debate that any Samoa, Singapore and Tonga. has also introduced voting at other in the electoral arena. The Nine states have franchises in age 16 for the electoral events great struggles for electoral between these extremes, but under its control, including reform in eighteenth- and other than age 18 (Bahrain: 20, the referendum on Scottish nineteenth-century Europe and Cameroon: 20, Indonesia: 17, independence which was held in Latin America revolved around Japan: 20, North Korea: 17, September 2014. removing restrictions on voting South Korea: 19, Nauru: 20, Other European countries and the advent of full democracy Taiwan: 20, East Timor: 17).1 such as Denmark, Germany, Professor Sarah in the modern world is held by Though less contentious Norway and Switzerland have Birch is a Professor of political theorists and political than some other electoral experimented with allowing scientists to coincide with the institutions, the voting age is an under-18s to vote, though they Comparative Politics introduction of the universal issue that has been the topic of have all stopped short of rolling at the University of adult franchise. considerable debate in some out the measure in national Glasgow in Scotland. The question of who is states. elections. Some German Länder She specialises in the allowed to vote is in some The most noteworthy recent (regions) operate voting ages senses the defining question of development has been the move of 16. comparative study of democracy. But who is an ‘adult’ in Europe to reconsider the Following the move to lower electoral institutions. for electoral purposes? threshold of age 18 which has She has written There is no firm consensus been the norm on this continent “The question of books on electoral on the age of electoral majority. for several decades. That said, there has been a A 2011 report by the who is allowed systems, compulsory trend in recent years toward Parliamentary Assembly to vote is in voting and electoral lower voting ages. Following the of the Council of Europe malpractice. The Second World War, most states recommended a voting age of some senses focus of her current had a voting age of 21; now 16 for its 56 member states,2 the defining 86% set the franchise at age and a number of recent research is electoral 18. There are, however, notable franchise revisions have taken question of violence. exceptions. The age of electoral place in Europe. democracy. But majority ranges from age 16 in Over the past decade, Argentina, Austria, Brazil, Cuba, the age threshold has been who is an ‘adult’ Ecuador, Guernsey, Jersey, the lowered from age 18 to 16 for electoral Isle of Man, Malta and Nicaragua in Austria, Malta and several to age 21 in the Central African British dependencies, including purposes?”

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the voting age in Guernsey, are less likely to vote than their part in elections, but those Above: A ‘Yes’ campaign Jersey, the Isle of Man and predecessors and members of who do take part need to be poster during the Scottish Scotland, a lively discussion these younger generations often sufficiently representative of the Independence Referendum in ensued place in other parts fail to acquire a taste for voting population as a whole if elected 2014 when 16 and 17 year olds of the United Kingdom. There as they age. leaders are to have a clear idea were given the right to vote in a have been non-binding votes in Declining turnout has been of people’s preferences. When national poll for the first time. favour of such a measure in the associated with disengagement large numbers of citizens from regional assemblies of Northern from and disaffection with any one group fail to participate to pay attention to their views Ireland and Wales and the age politics. Increasing numbers on a regular basis, democracy and needs. If politicians believe of electoral majority has been of people, especially young suffers. And when this group it is important to engage much discussed in the British people, feel that politics is not is the generation that will be with younger electors, they media. for them and that politicians longest affected by the policies will devote more energy to Why has the franchise age don’t listen to their opinions. enacted, there is serious reason addressing their concerns. This suddenly received so much Given that participation is key to worry. will, so the argument goes, give attention? Many democracies to democracy, this trend is a Lowering the voting age to younger people an enhanced have experienced declines in cause for considerable concern. 16 has been touted as a partial sense of involvement with turnout in recent years and If people do not stop and think solution to this problem. There politics and will make more of research has often noted that about major public issues and are several components to the them connect with democratic these declines are strongest voice their views at the ballot arguments that have been put processes. among younger groups. Not box, governments do not get a forward. Firstly, adding more A second argument for the only are the young generally clear idea of what people want young people to the electorate positive effects of a lower voting less likely to vote than their and representation suffers in will increase their collective age centres on the long-term older counterparts, but in many consequence. It may not be voice, which will in turn give consequences of exercising states successive generations necessary for everyone to take politicians greater incentive the franchise when young. It is

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argued that if people become into their 20s, they tend to have argument that voting is habit- that at 16 and 17 people do not involved in electoral processes more stable lives and they are forming and that if people vote in have sufficient stake in society to at an early age, this will breed a more likely to vote. American the first election for which they warrant including them in formal habit of voting that will remain political scientist Mark Franklin are eligible, they are more likely decision-making processes. with them throughout their lives. has shown that the decreases to continue to vote throughout There are few in-depth When people are aged 16, many in the voting age from 21 to 18 their lives.5 On the basis of this studies of public attitudes toward of them are still living with their which occurred across much evidence, a proposal has even lowering the voting age to 16. parents and attending school; of the democratic world in the been put forward to make voting A survey carried out in 2013 in the institutions of family and post-Second World War period mandatory for first-time voters the UK showed that opinion on school can play an important resulted in turnout declines for only, possibly at the same time as this issue was not particularly role in socialising people into precisely this reason.3 Given the the voting age is lowered to 16.6 strong. Supporters of voting at voting and providing them the political infeasibility to raising the Given that the evidence 16 tended on the whole to be information they need about voting age back to 21, the next- clearly points toward the aged 25-45, and they were more how and where to cast their best solution is to lower it to 16, representative benefits of likely to be male and from lower ballot. Thus, it is argued, 16 is argues Franklin. lowering the voting age to 16, income groups. The majority of an excellent age at which to What is the evidence to the question then arises as to those surveyed favoured leaving introduce people to the electoral support these claims? In addition why such a move has not been the voting age at 18, though process. to Mark Franklin, several other universal among democracies. the lack of strong views on this Eighteen-year-olds, by political scientists have shown The answer undoubtedly lies issue suggests that people might contrast, are often setting that these arguments are well- in the concerns some people well adjust to the institution and out on their own in the world founded. There is evidence from have about the consequences accept it once adopted, as has and tend to be engrossed in studies in several countries that of allowing 16 and 17 year olds happened in Scotland.7 establishing independent lives. 16 and 17 year olds are more to enter the franchise. Some In each state the franchise Under these circumstances, likely to turn out to vote than 18 people argue that at this age evokes different collective politics plays a marginal role for year olds.4 people are not yet cognitively memories and attitudes toward many and voting may well be a There is also considerable and politically mature enough to the voting age can be expected lower priority. Once people are evidence to support the vote, while others are concerned to vary according to the role

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“Given that the evidence clearly points toward the representative benefits of lowering the voting age to 16, the question then arises as to why such a move has not been universal among democracies.”

that elections have played in that country’s history. Cultural factors may also shape views on the age of electoral majority, as will age-related restrictions on other activities such as working, driving, marrying and serving in the military. For this reason it is not possible to specify an Kasper M. Hansen and Hanna Wass Science, 47.3: 540–550; Eric ‘ideal’ age threshold for voting. References 2012, ‘The relationship between age Plutzer. 2002, ‘Becoming a Habitual Each democratic public must 1 Ace Project database at and turnout: A roller-coaster ride’, Voter: Inertia, Resources, and Growth deliberate on the matter and AceProject.org. Electoral Studies 31.3: 588-93; Alex in Young Adulthood’. American make up its own mind. 2 Council of Europe, ‘Expansion of Folkes. 2004. ‘The Case for Votes Political Science Review 96: 41-56. At the same time, the recent democracy by lowering the voting age at 16’, Representation 41: 52-66; 6 Sarah Birch and Guy Lodge. move toward lowering the to 16’, Report of the Parliamentary Laura Konzelmann, Corina Wagner 2015. ‘Compulsory Voting for First- franchise suggests that it is a Assembly of the Council of Europe, and Hans Rattinger. 2012, ‘Turnout Time Voters in Britain’, Political debate worth holding. When Document 12546, 2011. in Germany in the Course of Time: Quarterly 86.3. people have engaged with 3 Mark Franklin. 2004. Voter Life Cycle and Cohort Effects on 7 Sarah Birch, Harold Clarke the issues and considered the Turnout and the Dynamics of Electoral Turnout from 1953 to 2049, and Paul Whiteley. 2015. ‘Should arguments for and against Electoral Competition in Established Electoral Studies 31: 250-61. Sixteen Year Olds be Given the different voting ages, they Democracies Since 1945. 5 John H. Aldrich, Jacob M. Vote in Westminster Elections?’, have historically tended to opt Cambridge: Cambridge University Montgomery and Wendy Wood. Parliamentary Affairs 68.2: 291-313. for lower thresholds. Whether Press. 2011, ‘Voting as a Habit’, Political lowering the voting age will 4 Yosef Bhatti and Kasper M. Behavior 33: 535–63; Alan S. truly lead to greater voter Hansen. 2012. ‘Leaving the Nest Gerber, Donald P. Green and Ron engagement remains to be and the Social Act of Voting: Turnout Shachar. 2003. ‘Voting May Be seen; what is clear is that this is among First-Time Voters’, Journal Habit-Forming: Evidence from a currently a ‘hot topic’ in the area of Elections, Public Opinion and Randomized Field Experiment’, of electoral reform. Parties 22: 380–406; Yosef Bhatti, American Journal of Political

The Parliamentarian | 2015: Issue Three | 179 YOUTH ENGAGEMENT IN ELECTIONS

YOUTH ENGAGEMENT IN ELECTIONS IN SCOTLAND The ‘Holyrood Rocks’ project in Scotland aims to engage young people in elections.

Young people between the ages their lack of interest, the survey ‘manifesto’ for its regional and of 16 and 25 constitute a fifth of highlights a general lack of national events, with the aim of the world’s population. We have understanding among this age increasing youth voter turnout in seen recently that this age group group about current politics and next year’s Scottish Parliament are often involved in informal, the work of Parliaments. An elections in 2016: politically relevant actions, such Australian Electoral Commission • To encourage every 16–25 as activism or civic engagement. Youth Electoral Study Report year old to vote in the However, young people do also reports similar trends where upcoming elections. not feel formally represented disengagement is concerned. • To promote young people’s and listened to in national Some half a million (or one participation across the political institutions such as quarter) of 18-to-24-year- artistic spectrum. Anne McTaggart Parliaments and many of them olds continue to abstain from • To raise awareness of was elected in do not participate in elections. enrolling to vote, even where this the abundance of career MSP This has a profound effect is legally compulsory in Australia. opportunities available May 2011 to the Scottish on the quality of democratic Youth disengagement in Scotland across the Parliament to represent governance. with politics is a widespread creative industries. the Glasgow region. The International Institute global issue. As a member of • To emphasise the Prior to election, Anne for Democracy and Electoral the Scottish Parliament, I have importance and value that Assistance published a report an obligation to make myself the creative industries worked in the creative in 2013 which said that as accessible and as open as brings to Scotland’s industries before among those young people possible, in particular to those economy. becoming an Elected they had interviewed, there traditionally under-represented in • To promote active Member of Glasgow was a general sense that our democracy, including young citizenship, respect and traditional political parties, people. The Presiding Officer of tolerance amongst young City Council. As Shadow political institutions and political the Scottish Parliament, Tricia people, irrespective of Minister for Europe structures, including elections, Marwick MSP is committed to social, ethnic or economic and International fail to appeal to this crucial bringing the Scottish Parliament background. Development, member segment of the population due closer to our citizens and is to the lack of engaging political constantly looking for ways to These regional and national of the European and programmes, manifestos and involve the general public in events will reach thousands of External Relations content that target specifically, Parliamentary life. This is where people across Scotland, taking Committee (EEC) and of and effectively, the younger Holyrood Rocks comes in. the message across the breadth the Cross Party Groups generation. Indeed, data on Holyrood Rocks is an of the country, and will celebrate youth voter turnout from various initiative organised between Scotland’s local communities, for Tibet and Poland, countries suggests that young the Scottish Political & Cultural in addition to local spaces, Anne’s focus is on voters tend to participate less Partnership (SPCP) and hubs and venues, maximising furthering partnerships in elections compared to older the Scottish Parliament. By use in those communities and 1 with nations across citizens. showcasing young musical encouraging local residents to In the United Kingdom, talent whilst relaying the take part in any way they can. the world to ensure a recent report on political importance of democratic rights Holyrood Rocks has Scotland is at the engagement, prepared by and the significance of the right benefitted from support from all forefront of innovation the Hansard Society, also to vote, Holyrood Rocks hopes political parties in our Scottish in a globalised 21st revealed that only 24% of the to encourage voter engagement Parliament including the First 18-to-24-year-old age group in Scotland and beyond. Minister of Scotland, Nicola century world. are interested in politics. Beyond It has a five point plan or Sturgeon MSP. Its premise

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is clear. For too long, politics has been fed to people by institutions, politicians and Parliaments. Holyrood Rocks aims to turn this idea upside down. It is the first project of its kind in Scotland to take Parliament directly to the Scottish people, and in a way that is engaging, entertaining and creatively stimulating. For our young people, it is a way of getting involved in politics without having to participate in a party political fashion or listen to dry speeches or boring policy debates. It lets them know that Parliament is there for them, that they have a voice and that they should use it, to improve our democratic governance and to improve our country. It also lets our politicians know the strength and ability of our young people, something too often forgotten across the spectrum. engaged, informed and ready to Above: The ‘Holyrood Rocks’ when it comes to election time This is a project that could debate the merits and the risks project was launched by the when older people are far more easily be replicated around the of Scottish Independence. It was First Minister of Scotland, likely to cast their vote. Commonwealth, but its origins a glimpse into a future where our Nicola Sturgeon MSP (centre) But this isn’t a top-down, were devised after our inspiring young people use their voice to and the Presiding Officer centralised project. For each of Independence Referendum contribute to our Parliamentary of the Scottish Parliament the regional events, local youth, in September 2015. For that democracy and it was inspiring and CPA Scotland Branch community and racial equality referendum, 16 and 17 year olds to us all. President, Tricia Marwick MSP groups are involved in delivering were granted the right to vote, a Holyrood Rocks seeks to (centre left). these events, in addition to those first for our democracy, and their create debate, not division. organisations who assist those response was overwhelming. Irrespective of whether people who have additional support In a matter of months, voted yes or no, whether and energy gained from an needs, but nonetheless have conversations in schools across they will vote for the Scottish Independence Referendum to a passion for music. These are the country were all about National Party (SNP) or Labour, assist them, but I would urge events organised by young Scottish politics. Those who the Conservatives, the Liberal every Parliament across our people for young people, would have perhaps struggled Democrats or the Green Party in nations to seriously consider regardless of racial, social to name their Member of the the upcoming Scottish elections, projects of this kind. After all, or economic background to Scottish Parliament prior to the one thing is more vital and more who better to engage our young encourage political engagement Referendum were suddenly important. Using their vote. people than young people Across the Commonwealth, themselves? we all have a long way to go to convince our young people More information can be that politics speaks for them. found about Holyrood Rocks Holyrood Rocks is the first in a at www.scottish.parliament. series of initiatives designed to uk/holyroodrocks or at www. rectify this. The reaction from holyroodrocks.com. our youngest voters has been You can also follow overwhelmingly positive and @holyroodrocks and visit www. all signs point to an increased facebook.com/holyroodrocks. youth voter turnout at the next election. But, this is just the References beginning. 1 Enhancing Youth Political Not all Commonwealth Participation, UNDP 2012. countries have the momentum

The Parliamentarian | 2015: Issue Three | 181 THE ELECTORAL SYSTEM

THE ELECTORAL SYSTEM IN THE SEYCHELLES What are the reforms in terms of design and management of elections that are required?

Electoral Systems have usually should also question the voting implies incorporating biometric proven to be stable component process and likewise the post- technology where the data of the democratic process. election process. Therefore can be used to check exactly Wholesale and comprehensive reforms should touch on a who is voting. The issue here reforms of the electoral number of issues that relates to is to avoid people becoming system are rare and wherever both the design of elections and disenfranchised. it happens great care must be the subsequent management When you move away from taken to avoid upsetting the of elections. If you unpack registration and look at the democratic stability of a country. these issues you will find that voting process it is apparent Yet in spite of the complexities they include the participation that here too electronic voting of bringing about electoral of women in elections, should be the way of the future. Hon. Sebastien reforms, we must agree that engagement of the youth with The key question here would is a they have become a necessity the electoral process and voter be whether some countries Pillay, MNA and wherever it happens in the education. would be able to afford such proportionately elected best possible way, it strengthens technology. With a digitalised Member of National the democratic process and The Design of Elections system someone from one Assembly of Seychelles. reinforces public confidence in Most countries have at one constituency can vote in another He is a member of the political process. point or another considered constituency and if the system The choice of electoral the implications of reforms in can be designed to assign his the Standing Orders system is based on the best the design of elections. Here vote to his constituency, it would Committee, the Finance design to bring about desired we must make changes taking make it more convenient for the and Public Accounts objectives and how this into consideration that there person. These are things that Committee (FPAC) and system functions has direct are no easy choices. The basis are possible. Unique IDs would consequences, which reflect of reforms to the design of make it easier to tackle election is the Treasurer of the essentially, modern concepts elections is that in spite of the fraud and makes the process CPA Seychelles Branch. of representative democracy. inherent differences across more efficient. A unique ID can He started his career as However from the outset we jurisdictions the design should also allow voters to register on a Mathematics Teacher must make the point that there ensure the participation of each the same day. This can be very is no single ‘best’ system. Each and every person eligible to interesting. and later moved into country must explore different vote. A core component of this is education research ways to make its system the voter registration. The Management of and lecturing at the most effective and encourage Voter registration should Elections University of Seychelles. participation of the electorate. be compulsory and voter Elections should be managed This implies looking at how to identification should also be by competent and autonomous In 2010 he joined the approach the registration process, an integral part of this. It’s elections bodies. Office of the President how to deal with the voting incumbent on every system Some countries have set where he held the post process and equally important to have an independent and up electoral commissions of Director General for how to reinforce the post-election autonomous body to manage and in these cases to avoid process. These three issues elections that would ensure interference, they need to Presidential Affairs and overlap and much like concentric that registers are kept up to ensure the existence of this later that of Director circles standing in the centre of date. Now with the advent of commission is enshrined in the General for Cabinet one is to be standing at the centre technology we must also look constitution. Amongst other Affairs. of the others. at the possibility of registering things this body should set up a If the registration process is online and having a digital code of conduct for all parties called into question then one system to check voter ID. This and candidates taking part in

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elections. With clearly defined process of conciliation and be tackled. The main election Above: The clock tower of guidelines and regulations in consensus building within body should ensure that credible Victoria, also known as Little place, parties can be held to government. Parties reaching organisations are promptly Big Ben, in The Seychelles. account for their decisions and a certain threshold should given access to the election actions. The whole concept be included in the legislature process. EAMs provide some that the focus should never shift hinges on establishing a clear in proportion to their level of the critical basis to drive from the electoral process and accountability framework. of electoral support. Hence key changes in the election the system it entails being what Another important issue governments can therefore craft system. The term ‘free and it is, the basis of democratic concerns whether polling day policies based on a consensus. fair’ has become the byword governance. should be a public holiday. If This implies the composition of where everybody waiting on It is therefore incumbent on there are qualms over voter the legislature should reflect the the EAM report wants to hear leaders to make changes or turnout then this would the best main divisions in the composition these words. The whole process reform the electoral process possible solution. Yet it would of the electorate, so that all hinges on the exchange that on that basis alone. It is only not yield the desired result if citizens have voices articulating is possible by learning from by considering this that we voter education is not reinforced. their interests in the legislature. different systems and taking truly achieve the dream of In a majoritarian system some what might be useful and adapt ‘government of the people, for The growing debate: voices in the electorate are this in different contexts. the people by the people’. Majoritarian System versus systematically excluded from Abraham Lincoln was right Proportionate System (or representative bodies. Whilst no The Way Forward in saying this in his Gettysburg possibly a mixed system) one system holds sway over the In conclusion as we said earlier, address and this should be the Reforms to the electoral system other perhaps having a mixed there really are no best systems yardstick by which we reinvent should consider the level of system could be a convenient only best practices. Systems that the political process towards support all political parties compromise. adopt those best practices find one that is predicated on trust. receive so that it is reflective of that over time they become part The choice is important and the choice of the electorate. The role of Election and parcel of people’s psyche. the manner in which the choice In cases where the Assessment Missions The process becomes second is made is equally important. government has centralised Election Assessment Missions nature and everything comes What is crucial though is that systems the majoritarian system (EAM) play a key role in alerting down to mutual trust. Even both choice and choice making works best. Yet the electoral jurisdictions of shortcomings though this takes time, it is worth should happen freely and system should promote a and weaknesses that have to the wait. We must be reminded transparently.

The Parliamentarian | 2015: Issue Three | 183 DEMOCRATIC RENEWAL

DEMOCRATIC RENEWAL ON PRINCE EDWARD ISLAND

The Government of Prince the White Paper on Democratic number of seats was achieved Edward Island recently indicated Renewal. It is my privilege to despite the Liberals having in its Speech from The Throne have been named Chair of garnered 40.8%; Progressive that it was committed to “initiate that Special Committee. In that Conservatives 37.4%; the New and support a thorough and capacity, I propose to provide Democratic Party 11%; and comprehensive examination context to the task at hand, the Green Party 10.8% of the of ways in which to strengthen particularly as it pertains to the popular vote respectively. Of our electoral system, our manner in which we vote, and this grouping only 5 of the 27 representation, and the role to delineate some of the issues MLAs are female, 1 is Acadian and function of the Legislative and challenges faced by the Hon. Jordan Assembly.” Committee. “On 9 July, the Brown, MLA was The Government also prepared and disseminated the Context Legislative elected to Prince White Paper on Democratic By virtue of a general election Assembly Edward Island Renewal (the “White Paper”), culminating on 4 May 2015, Legislature, Canada in the most recent sitting of the when 82.22% of eligible voters unanimously in May 2015 as the Legislature. As the title would cast a ballot, Prince Edward resolved that a imply, the White Paper is a Island’s 27 Member Legislative Member for District discussion paper surrounding Assembly was elected via a five person Special 13, Charlottetown, democratic reform on Prince First Past the Post (FPTP) Committee of Brighton. He serves Edward Island, relating, in system to represent and govern the Legislative as Chair of the particular, to our voting method; the 146,000 constituents that the number and distribution comprise Canada’s smallest Assembly be Special Committee of seats in our Legislative province. on Democratic Assembly; and opportunities The Liberal members created to guide Renewal, Vice-Chair to enhance election laws and formed a majority government public engagement of the Standing representation in the Legislative with 18 seats; the Progressive Assembly. Conservatives were elected in and make Committee on Public On 9 July, the Legislative 8 ridings; and for the first time recommendations Accounts and Member Assembly unanimously resolved in the Island’s history, a Green of the Standing that a five person Special Party member, their Leader, Dr. in response to Committee on Committee of the Legislative Peter Bevan-Baker was elected the White Paper Assembly be created to guide and his party given Official Party Education & Economic public engagement and make status. on Democratic Development. recommendations in response to This breakdown of the Renewal.”

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(a historically identifiable culture felt that although the 2015 issue, it is no surprise that the Above: Government House, on Prince Edward Island) and election resulted in a strong election result fueled further often referred to as Fanningbank, there are no visible or cultural opposition and arguably the calls to consider democratic is the official residence of the minorities represented amongst most balanced Legislature the reform anew. Lieutenant Governor of Prince the elected members (despite Province has seen in some time, Edward Island. there being a relatively large the percentage breakdown of Recent History of contingent of Aboriginal the popular vote was indicative Democratic Reform on There have been three Islanders and relatively recent of the need to consider other, Prince Edward Island subsequent elections, counting Immigrants). more representative, methods I would be remiss not to mention the May 2015 election. In 2007 Further three of the recently of electing the Island’s that this is not the first time the governing Progressive elected MLAs are aged in their representatives. electoral reform has been Conservative party was ousted mid-30s, with the balance Noting that of the 27 considered on Prince Edward by a Liberal government then ranging in age from their mid- members elected, most did not Island. In fact, in November led by Robert Ghiz. The Liberals 40s to mid-60s. receive a majority of support 2005 a plebiscite was held won 23 of the 27 seats, with The fact that 82.22% of in their district; that at least asking Islanders “Should Prince the remaining four going to the the electorate voted in 2015 three ridings were decided by Edward Island change to the PCs. The Liberals took 52.9% is testament to the high a margin of 1% or less (mine Mixed Member Proportional of the popular vote and the PCs importance Islanders place in having been one of them, with System as presented by the 41.4% with the Greens taking our provincial democracy. In a difference of only 22 votes Commission on Prince Edward approximately 3% and the NDP part, I believe this is due to a between the PC candidate and Island’s Electoral Future?” approximately 2%. general willingness to constantly myself following a recount); Roughly one third of eligible In 2011 the governing examine our democratic with one district having been voters voted in the plebiscite. Of Liberals lost one seat to the PCs, processes and take action when decided by a coin toss, following those that voted 36.4% voted taking 51.4% and 40.2% of the it is deemed beneficial. a tie, after a recount; and that ‘Yes’ in favor of the proposed decided vote respectively. The Pundits, politicians, and many all of the major parties made Mixed Member Proportional Green and NDP Parties each of the people in the province democratic reform a platform System and 63.6% voted ‘No’. increased their share of the

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popular vote by approximately once again become an issue of houses of the Legislature to section 3 of the Canadian one per cent. Perhaps the most relative importance to Islanders. in 1893 into a 30 member Charter of Rights and Freedoms, notable statistic to Islanders It would be trite to say things unicameral Legislative which guarantees every was that voter turnout fell to have changed since the 2005 Assembly with each district Canadian Citizen the right to 76.4%, which was the lowest plebiscite. However, it wouldn’t electing a Councilor, using a vote. The sections were alleged voter turnout since Elections PEI likely come as a surprise to property requirement for male to permit a variance in the began recording voter turnout in note that many Islanders have electors and an Assemblyman number of electors per district 1966. questioned whether there is elected by universal male resulting in disproportionate Five of the last seven any real prospect of a renewed suffrage. The dual-member representation, which the elections on Prince Edward attempt at democratic reform riding system was unique Electoral Boundaries Committee Island have resulted in similarly resulting in a different outcome and the property distinction had previously recommended be lopsided breakdowns. Of these, 2 than did the 2005 effort. between Councilor and addressed. have resulted in a single member Assemblyman introduced a Mr. MacKinnon’s application opposition. Pre-Plebiscite History of perception of ‘two-classes’ was based on the Supreme Anecdotally, a number of Democratic Reform on of MLAs even though their Court of British Columbia’s voters, particularly in the youth Prince Edward Island powers as MLAs were equal; decision in Dixon v. British demographic, are indicating they It is useful to review Prince • The extension of the Columbia (Attorney General), feel there is a perceived lack Edward Island’s history of franchise to women in 1922; (1989) 59 D.L.R. 4th 247., of choice suitable to them and electoral reform, which is by • The extension of wherein Chief Justice Beverly therefore, that their vote doesn’t many standards, extensive and the franchise to Aboriginal McLachlin (who later became matter. hard fought. Islanders in1963; Chief Justice of the Supreme For these reasons, amongst Formal governance on the • The elimination of Court of Canada) stated: others, democratic reform has Island dates back to 1769 the property requirement for “The historical development when the Island was declared a Councilor electors in 1964; of voting rights in Canada and “The historical colony of British North America. • Increasing the size the view taken of such rights By the mid 1770s the Island’s of the Legislature to 32 in other democracies leads development of legislature consisted of a by adding two seats in the inexorably to the conclusion that voting rights in Governor, appointed Executive Charlottetown area prior to relative equality of voting power and Legislative Councils and the 1966 election; and, is fundamental to the right to Canada and the a popularly elected House of • Reducing the voting vote enshrined in section 3 of view taken of such Representatives, later known as age to 18 years prior to the the Charter. In fact, it may be the House of Assembly. Initially 1970 election. seen as the dominant principle rights in other only Protestant males were underlining our system of democracies leads allowed to vote, until Catholics Despite the reforms that representational democracy. won the franchise in 1830. occurred after 1873, there was At the same time, absolute inexorably to the In 1851, after a decade little alteration to the electoral equality of voting power has conclusion that long fight by a group known districts themselves, aside never been required in Canada. as the reformers, responsible from splitting the riding of It has been recognized since relative equality government was bestowed Charlottetown into two separate Confederation that some degree of voting power upon the Island, requiring the ridings in the 1960s. Disparity of deviation is permissible where government to be accountable to in the number of electors per other considerations so require.” is fundamental the elected House of Assembly. district resulted. In 1974, an She went on to say that it to the right to In 1862 the Legislative Council Electoral Boundaries Committee would be up to the legislature became an elected body, though and Sub Committee, of the to determine the extent of vote enshrined in only those with at least £100 in Legislative Assembly were the allowable deviation, within section 3 of the freehold or leasehold property established. Recommendations the confines of the principles were permitted a vote. flowing from the committee inherent in the Charter. Charter. In fact, Since joining Canada, as a process, including a Mr. MacKinnon’s application it may be seen Province, in 1873, a number redistribution of electoral ridings, was ultimately successful, of democratic and institutional failed to be adopted. prompting the institution of a as the dominant reforms have occurred. Among In 1991 Donald MacKinnon, further Electoral Boundaries principle the reforms were: a resident of the Island, took Commission in 1994. The • The introduction of matters into his own hands, filing Commission recommended that underlining the secret ballot in 1877. an application in the Province’s the Island be represented by 27 our system of Repealed in 1879, the secret Supreme Court seeking a single member districts. After ballot was permanently declaration that certain sections much debate and amendment representational reinstituted in 1913; of the Elections Act should be to the boundaries of the 27 democracy.” • The merger of the two repealed, as they were contrary districts, the recommendation

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was enacted. This prompted a Commission went on to address recommend that the possibility of topic than when it began its work. further court challenge by many them in their 1994 report, an MMPR system be studied in Recognizing the previous of the Island’s incorporated indicating, in essence, that the further detail. efforts of citizens, litigants, municipalities, who felt that possibility required a great deal This recommendation in turn committees and commissions the new system allowed of further study before it could led to the institution of the 2003 in respect of democratic reform, for disproportionately large be addressed intelligently, Electoral Reform Commission, and the result of the most recent representation of the Island’s particularly as the system had and its report, prepared by former plebiscite, it is clear that our rural constituents. Following not been widely adopted. Chief Justice of the Province, committee must appreciate that appeal the application was By the time the next Electoral Norman Carruthers. This report, its most important jobs, are to denied hearing by the Supreme Boundaries Commission was which was delivered after seven educate its members as to the Court of Canada. engaged in 2000, the global public meetings and a number possibilities; educate Islanders During the process landscape had changed. New of submissions from the public as to the possibilities; engage the Electoral Boundaries Zealand, very publicly adopted a and experts, recommended and solicit input from Islanders Commission, received form of MMPR (Mixed-member that a further commission in respect of the possibilities and submissions on mixed member proportional representation) in be established to engage their desire for change; and to proportional representation. The 1994 and Scotland and Wales and educate the public with be open minded and prepared adopted Additional Members respect to the potential options, to listen to what Islanders are Below: The Legislative Assembly Systems when they achieved and to refine a question for a saying to us. We will not know, of Prince Edward Island is located devolution in the late 90s. referendum. Justice Carruthers at least until the process is in Charlottetown, Canada. The Commission went on to proposed that an MMPR system, commenced in earnest, whether based on that of New Islanders voted ‘No’ in 2005 Zealand, which would because they did not want include 21 members change or perhaps because they elected by district, and did not favor the particular option 10 further members presented. That said, there is elected from lists to great comfort drawn from high balance the result voter turnouts on the Island. according to the Taken in isolation from proportional vote. other factors, the willingness This resulted in of Islanders to participate is an the formation of the indication of a highly engaged 2005 Commission population. In part, this may on PEI’s Electoral be due to their willingness to Future, which was constantly re-examine their comprised of eight electoral system. The current nominated members examination of our electoral of the Public. The system is another phase in that Commission set out democratic tradition. on a broad campaign Once again, it is likely of engagement, that our current exercise holding 12 public will provoke a lively and meetings across constructive debate over the the Island, and Island’s democratic evolution. participating in as Recognizing that we are not many as 20 more. starting from a blank slate, it The Commission is also my hope, and I believe also undertook an the hope of our committee, extensive promotion that the progression through and advertising this process will be sufficiently campaign. educational, open, and engaging In the end, despite to allow for the preparation of the fact that the a plebiscite question which plebiscite resulted may simultaneously gauge the in a ‘No’ vote, the appetite for and set the course Commission felt that of future democratic reform on the public had been Prince Edward Island. much more engaged and educated on the

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OUT WITH THE OLD, IN WITH THE NEW: THE CASE FOR INTERNET VOTING IN AUSTRALIA

If the right to vote is the federal election, the Australian however, if only through advice cornerstone of democracy, then Electoral Commission reported and recommendations to a key indicator of the legitimacy that an estimated 1.5 million governments and parliaments, and well-being of a democracy Australian citizens were not is the look and feel and (dare should be the proportion of enrolled to vote despite being I say) convenience of election eligible citizens who exercise eligible, many in the 18-39 processes and procedures, that right. Australia has a proud age group never having been especially the options available record in that regard, with over enrolled (AEC 2012). This to electors to cast their vote. 90% participation in federal and is suggestive of a conscious There is important international state parliamentary elections in decision, especially among research to indicate that one David Kerslake is the past decades. Historically, the younger citizens, to opt out of such option, the introduction of Electoral Commissioner for fact that voting is compulsory in the electoral system altogether. internet voting, would be likely parliamentary elections, federal Should there be a continuation to increase turnout rates among Western Australia. David is and state, has obviously been a of this downward trend (which is younger electors. 2 an expert in the electoral major contributor in that regard. mirrored in many other nations), It is important to note at this field and has been Despite compulsion, the it could seriously weaken point that legislation governing Queensland Electoral picture in recent times has the strength of Australian the conduct of parliamentary not been quite as rosy with a democracy. elections in Australian states Commissioner and disturbing downward trend in There are myriad factors and at federal level is generally Assistant Commissioner participation especially among - legislative, socio-economic, with the Australian younger electors. Studies cultural, political - that can affect “If the right Electoral Commission. undertaken by the University elector participation, such as of Sydney (Youth Electoral the level of emphasis placed on to vote is the In Queensland he was Study reports 2004, 2005, civic education in schools, the cornerstone of responsible for three 2009) and the Whitlam Institute perceived relevance of political State general elections at the University of Western policies and platforms, and democracy, then and two state-wide Local Sydney (2008, 2011, 2013) how hotly contested particular a key indicator of reveal that although younger elections happen to be.1 As Government elections. Australian electors continue already mentioned, compulsion the legitimacy and He was also Queensland’s to have a strong interest in has also bolstered participation well-being of a Local Government social and political issues and in Australia in the past. All these Change Commissioner, are seemingly happy to join in factors involve political or policy democracy should online blogs or Twitter feeds, considerations that are arguably be the proportion responsible for reviewing they are becoming increasingly outside the remit of independent local government disinclined to actually vote and electoral management bodies, of eligible citizens boundaries and electoral in many cases reluctant even and will not be discussed who exercise that arrangements. to enrol in the first place. In the here. One area that electoral lead up to the 2013 Australian administrators can influence, right.”

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very prescriptive, allowing circumstances.3 already have internet access4 Above: Due to its vast size electoral management bodies While some would argue and there are over 3 billion across the Outback, Australian limited scope or discretion in that traditional paper based internet users world-wide.5 voters could benefit from their election operations. The systems offer the highest level A strong argument can be internet voting in some areas. introduction of an internet of ballot security and scrutiny, made that if our electoral laws voting option is not something, it is becoming increasingly are not modernised, especially was lower than it is today), therefore, that Australian difficult to convince younger by providing a wider and more surveyed a group of young electoral bodies could generations, reared on a diet accessible range of voting people about their preferred introduce of their own accord - of cutting edge technology options, younger electors will method of voting. The typical governments and parliaments that they should have to vote in stop voting with stubby pencils response was that they favoured would need to be persuaded to this way. There is a very strong and will vote with their feet internet voting, some going go down this path. It is also fair likelihood that an Australian instead! even further by suggesting that to say that electoral laws as they citizen turning 18 today (the Recent research makes they should be allowed to text currently exist are firmly rooted age at which citizens become it almost indisputable that if their vote (Voices and Votes, in the past. Most Australian eligible to vote) was brought internet voting were made 2005). Voter surveys conducted electors are still required to up online. Call it the digital age, available as an option to by the Western Australian attend a polling place to vote the electronic age or the age of Australian electors, many Electoral Commission at that by putting pencil to paper. convenience, it is an age that is would choose it. For example state’s last three state general New South Wales is the only here to stay. 93% of Australian a Queensland parliamentary elections have also shown a jurisdiction that allows internet households with at least one inquiry conducted in 2005 steady increase in support for voting, and then only in limited occupant under the age of 15 (when community internet usage internet voting. In 2005, 44%

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of respondents indicated that a recent report by the federal debate the technical aspects of the concerns expressed by they would be likely or very parliament’s Joint Standing cyber security. There are three the Federal Joint Standing likely to vote via the internet if Committee on Electoral Matters important points that I will make, Committee was that people a secure facility was available. the committee chair had this to however. Firstly, maintaining voting online, using computers This figure increased to 57% in say: the security of the ballot is an in their own homes, could be 2008 and had reached 66% by “After hearing from a range obvious and valid consideration. subjected to coercion by friends the most recent election in 2013 of experts, and surveying the Secondly, though, different or family members. While (with around 10% of the 2013 international electoral landscapes experts appear to have quite arguably unlikely to occur to any respondents ambivalent at worst it is clear to me that Australia is different views on the security significant degree, to the extent and only 22% actually reporting not in a position to introduce any capability of internet voting.6 that it could occur the risk is that they would be unlikely to large-scale system of electronic Thirdly, any discussion of the clearly no greater than under the vote in this way (WAEC report, voting in the near future without security of internet voting is likely existing paper-based system 85). catastrophically compromising to offer up a distorted picture in Australia, which permits These results beg the our electoral integrity…While if it fails to take account of the significant numbers of electors question, how long can internet voting occurs in Estonia, risks inherent in the system of to fill out postal votes in their own Australian legislators hold out in it does not mean that system voting that we already have in homes. the face of the steadily growing cannot be hacked. With all the place. It has to be said that in Computers used to receive acceptance of and demand for internet security architecture an Australian context, some of and store votes in an internet internet voting? available, the academic experts these risks are very difficult to voting system would also be no Some would respond to this swear they can, and have proved guard against. more, and arguably less likely question by saying that the real they can, hack such systems.” Let me elaborate. Unlike to make mistakes than human issue is not voter demand, but (JSCEM 2014, v-vi) many other nations Australia beings responsible for handling the security of voting online. Not being a computer does not have a national identity and counting ballot material in For example in his foreword to specialist, I am not qualified to card. While a national card a paper based system (note the would assist the loss of some 1,375 votes in the registration process 2013 election for the Australian in an internet voting Senate requiring the Western system, its absence Australian component of that makes it difficult, if election to be run again).8 not impossible, to Internet voting also offers the carry out identity potential to ensure that a greater checks in polling proportion of votes cast actually places under the end up being admitted to the current system. count. Rates of informal voting While there has (spoilt papers) in Australian been little evidence elections typically range from of deliberate fraud 2% to 6%, depending upon at past federal or the complexity of the voting state elections, the system and formality rules fact remains that in each jurisdiction. Ballot in the Australian paper surveys conducted by system activity such electoral management bodies as multiple voting is indicate that the majority of virtually impossible such instances are accidental. to prevent up Unlike a paper ballot, an internet front; it can only be voting system could at least alert detected after the electors that they are about to fact.7 cast an informal vote, increasing If fraudulent the number of votes actually activity were to admitted to the count. occur on a scale big Under the current system enough to affect a proportion of postal voters the outcome of an will also not have their votes election, the only counted if they are not received recourse would be by the returning officer within a to run the election specified (usually quite limited) again. period. Internet voting could One of alleviate that risk, with ballot

190 | The Parliamentarian | 2015: Issue Three THE CASE FOR INTERNET VOTING

papers readily accessible and computer equipment in their Finally, instead of shying away 8 At a cost of some A$20 million the capacity to return them own homes which they use for because of security concerns, 9 It is worth noting that at the immediately. I am reminded of other transactions and which Australian legislatures would 2013 Western Australian general the 2008 general election in they could use to cast their vote do well to provide electoral election over 17,000 electors were Queensland when a significant without assistance, but again - if management bodies with the excused from not voting because portion of the state was the legislation allowed. Only one challenge and resources to build they were either interstate or inundated by flood, rendering it Australian jurisdiction has to date robust internet voting systems, overseas at the time. impossible for electors in those authorised and implemented at least as an adjunct to the regions to cast their customary internet voting for people with current paper-based system. The Further Reading postal vote. As Queensland’s disabilities. If a staged approach time is fast approaching when • Asset Research, Report on the (then) Electoral Commissioner, to the introduction of internet new generations of electors will Western Australian Electoral I authorised the deployment of voting is considered desirable by countenance nothing less. Commission Survey of Voters helicopters to fly ballot papers other legislatures, there could be – State General Election 2013 into affected areas, designating no more justified place to start References (April 2013) cattle stations to be individual than by using modern technology 1 For example the 2007 • Australian Electoral polling places and appointing to ensure that people with Australian federal election, where Commission and University of pilots as electoral officials, the disabilities are not denied their many commentators and media Sydney, Youth Electoral Study: only available means of ensuring right to vote in secret. acknowledged there was a Report 1: Enrolment and voting that electors in the affected This is the very least that can significant mood for change. There (2004) areas could actually vote. Given and should be done to reform was a clear spike in enrolments Report 2: Youth, political that electors were advised by our voting system. Australia leading in to the election. engagement and voting (2005) email when the choppers would was once a world leader in 2 See for example: http://www. Report 3: Youth, the family, be arriving, internet voting introducing the secret ballot. The elections.nsw.gov.au/__data/ and learning about politics and would have been a cheaper and opportunity presents itself to get assets/pdf_file/0013/103207/ voting (2006) more easily accessible option back on the leaders board. International_Experiences_of_ Report 4: Youth, political parties if allowed under electoral laws. I make no claim that the Electronic_Voting_and_Their_ and the intention to vote (2007) Similarly, given that Australians introduction of internet voting Implications_for_New_South_ Report 5: Youth, Schools and undertake a relatively high level offers a universal panacea to the Wales_Report_2009.pdf p.29 learning about politics (2009) of overseas travel,9 internet challenge of declining electoral 3 Only electors in remote areas, • Australian Electoral voting would provide a far more participation. Clearly, political those who will be outside of the Commission Media Release reliable option than the vagaries parties have a part to play in the state when the election occurs, and 29 May 2012 www.aec.gov. of the international postal way that they campaign (handing people with disabilities that would au>media>media-releases services. out ‘How to Vote’ cards in polling otherwise deprive them of a secret • Joint Standing Committee The last but certainly not booths is not likely to ‘cut it’ vote, are entitled to register to on Electoral Matters, Second least consideration I wish to with younger people) and by vote online. New South Wales also interim report on the inquiry into raise is that many Australians reviewing the relevance of their recently became the first jurisdiction the conduct of the 2013 federal with disabilities such as policies to a younger generation to authorise the universal use of ball election, November 2014 blindness are currently denied of electors. I have already point pens rather than pencils in • Queensland Legislative a secret vote (and thereby referred to the importance of polling booths. Assembly Legal, Constitutional their rights under international civic education, a means of 4 http://www.abs.gov. and Administrative Review conventions) through the inculcating habits of community au/ausstats/[email protected]/ Committee Report, Voices necessity to seek assistance in participation at an early age. Lookup/8146.0Chapter12012 and Votes A Parliamentary filling out a ballot paper. Many From an electoral administrator’s -13 Inquiry into Young People’s of them, though, have special perspective, three further points 5 http://www.internetlivestats. Engagement in Democracy are worth emphasising, however, com/ (2005) “Internet voting by way of conclusion. 6 See: http://www.elections. • Whitlam Institute, University of also offers the Firstly, Australian electoral nsw.gov.au/__data/assets/pdf_ Western Sydney: laws and systems are showing file/0013/103207/International_ Young People Imagining a New potential to their age and are crying out for Experiences_of_Electronic_Voting_ Democracy: Young People’s ensure that a reform. and_Their_Implications_for_New_ Voices (2008) Secondly, internet voting South_Wales_Report_2009.pdf Youth Federal Election Voting greater proportion could be introduced in 7 Lists of electors who voted are Intentions 1996-2010 (2011) of votes cast phases, initially targeting scanned after each election to check Youth Federal Election Voting particular groups who stand for possible instances of multiple Intentions Update (2013) actually end up to be disadvantaged or where voting. Electors are not expected, being admitted to there is a risk they may be however, to provide any form of disenfranchised under the identification when they turn up to the count.” current system. vote.

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FALKLAND ISLANDS REFERENDUM: A LESSON IN ELECTORAL TURNOUT

The Falkland Islands historic referendum in 2013 was a demonstration of self- determination and democracy in action.

On a chilly autumnal night in With the global media The Islands economy March 2013, many residents of watching and wide-ranging has flourished since the the Falkland Islands gathered in implications for the Islands establishment of an exclusive the central Town Hall to hear the for years to come, this was a economic zone in the 1980s. result of an historic referendum referendum that needed to be Today the Islands have GDP on their political future. Whilst properly and impartially run. of c.£120m p.a. with the key the result had been widely It also required widespread sectors being agriculture, predicted, there remained an air electoral engagement and a fisheries, tourism and a of nervous excitement. very high turnout to reinforce its developing offshore oil industry. At around 11pm on the 11 legitimacy. This article tells the The Islands are an Overseas Hon. Dr Barry Elsby, March, the Chief Referendum story of how a tiny Government Territory of the United Kingdom MLA has responsibility for Officer announced the achieved that. with this relationship clearly Education & Training, Youth overwhelming result. In front defined in a modern constitution The Falkland Islands – An Development and Sports a global audience, 99.8% of which was the result of years voters had clearly expressed Introduction of discussion between the & Leisure and was first their wish to retain their political First, let us begin with some Islands elected Legislative elected to the Legislative status as an Overseas Territory context. The Falkland Islands Assembly members and the Assembly during a of the United Kingdom. This was are a small nation situated in UK Government. The Islands by-election in 2011. off the back of a 92% turnout the South Atlantic, some 400 are internally self-governed after months of debate and miles from the South American by eight elected Assembly discussion within and outside mainland and 850 miles north Members, who are elected for of the Islands around the of the Antarctic Circle. The four year terms. They manage referendum and its result. distance from the capital, all government budgetary affairs As Archbishop Desmond Stanley, on the extreme East, and all revenues are raised Tutu stated later that week, the to New Island, on the extreme within the Islands themselves, turnout was “admirable” and the West, is 150 miles. with no external aid received. result was a “very conclusive Some 3,000 people live in The UK Government are expression of the people’s will.” these temperate Islands, with responsible, in consultation with This sentiment was echoed the majority living in Stanley. the Island’s Government, for by international observers that However c.350 people live in external relations and defence. had been present in the Islands remote settlements or on smaller Since the middle of the 20th in the days leading up to the Islands of the archipelago. century, the Islands sovereignty referendum. Remote destinations are served has been disputed by Argentina, Hon. Michael British Prime Minister David by a combination of a local air who claim ownership of the Poole, MLA has Cameron expressed his delight service, a basic road network territory. This claim resulted in responsibility for at the outcome, but reiterated to and a ferry between the two an illegal occupation in 1982 by the world that it was the choice of main Islands. Argentine forces and a bloody Environment & Tourism. the Falkland Islands people as to Over 60 nationalities are war prior to the Islands returning He was first elected in where their political future lay. He represented in the community, to the flag of their choosing on 2013, becoming the also reminded people that the war and there are a number of the 14 June 1982. Since then first Member elected to fought in 1982 was not “the old families that can trace their relations between the Islands battles of empire” but solely so “the ancestry back 10 generations and Argentina have fluctuated have been born after the people living in the Islands were in the Islands, right back to the depending on the Argentine Falkland War in 1982. free to choose their own future.” original settlers. Government of the day, though

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in recent years there has been considerably more rhetoric and active attempts by the Argentine Government to impose an economic blockade on the Islands. This context meant that a clear and unequivocal demonstration of the right of Islanders to choose their own political future was deemed to be necessary.

The Planning Process Discussions around the need for a referendum began in earnest in early 2012. It quickly became apparent that, as with general elections, a referendum requires a clear legal basis. Advice was sought on this from external lawyers and in October 2012 the and that it demonstrated the 2012 and involved a range of Above: Gilbert House is the building Legislative Assembly passed the Falkland Islands Government consultation and information- in Stanley, Falkland Islands, where Referendum (Falkland Islands had implemented it free from sharing mechanisms across the Legislative Assembly of the Political Status) Ordinance. external pressure. the community. Feedback Falkland Islands meets. This Ordinance clearly detailedxxxxxx Arrangements were then was received from across the the process for agreeing the made by the Chief Referendum electorate. The end result was referendum question, the timing, Officer to ensure the proper a short preamble detailing and has been subsequently entitlement to vote and staffing conduct of the referendum. Not the context and the following endorsed by 35 separate provisions. The independent only did this include ensuring question which voters could election observation groups. observers that subsequently that the referendum process answer yes or no to: reviewed this Ordinance found and count itself ran smoothly, Do you wish the Falkland The Referendum Itself that it provided a sound legal but also covered the ensuring Islands to retain their current Due to the challenging logistics basis for the Referendum of proper conduct during the political status as an Overseas of having voters spread campaign leading up to it. The Territory of the United Kingdom? over such a wide area, the Below: Falkland Islanders queueing Chief Referendum Officer’s Finally, and with the advice referendum was held over two to vote in the referendum. powers in this latter area were of the Canadian Government, days, on both the 10 and 11 limited to arrangements were made March. Ensuring all eligible extent that the for a panel of experienced voters had a chance to cast their process should independent observers to vote was key and therefore a be “conducted monitor the referendum itself. range of methods were utilised. freely and fairly.” This panel was made up of 8 These included postal and proxy Following people. The panel came from votes; multiple static polling this, there was the USA (2 individuals, the Head stations; an airborne polling an open and and Deputy Head of Mission), station and mobile polling transparent Brazil, Chile, Mexico, Uruguay stations. All were properly and process to and New Zealand (2 individuals). well equipped. The observer ensure that the The panel were a mixture of mission oversaw this process. question asked experienced electoral experts Votes were cast and ballots was properly and elected members. They collected by appointed officers framed so that worked to and assessed against over those two days. All votes it resulted in the Declaration of Principles were then collected together in a meaningful for International Election Stanley and ballot boxes were outcome. Observation and the Code of opened on the evening of the This process Conduct for Election Observers. 11 June, when counting then ran for three This declaration was adopted took place, fully overseen by the weeks in late by the United Nations in 2005 observer mission.

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Mrs Sarah Clement, a local Stanley resident on her experience of the Referendum said: “The Referendum was one of the truly most significant points in my life. Since I can remember ‘82 has dominated my thoughts, pushed me to make the most of my life, be I hope, a good person, striving

for the very best for my family. As the statement highlighted The turnout figure of 92% Above and below: Election I think all Falkland Islanders are from the Chief Referendum was very significant compared Observers at the Falkland Officer indicates, with 55 to global averages, though the Islands Referendum came from the same, it comes with the members of the international Islands generally enjoy a high a number of countries including pride we all feel for the place press present, there was level of political engagement in the USA, Brazil, Chile, Mexico, considerable scrutiny of the general elections, with turnout Uruguay and New Zealand. we live and love, along with the counting process in Stanley being around the 75% mark on respect and gratitude for what Town Hall. This only served to average. The observer mission concluded that it was done reinforce the presence of the reviewed campaigning leading in an open and transparent so many did for our future and eight external observers. up to the referendum itself and manner with both ‘Yes’ and that of our children. I shared the referendum with my daughter, a special moment marked down in history, stood side by side waiting; the atmosphere was electric and the result a confident reminder of who we are and who we want to remain. A great time that she will carry for ever, the day

we told the world nothing’s changed, we are British and proud!”

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Whilst the result was Falkland Island Referendum Key Facts unequivocal, and the process was independently agreed to Data Source: Falkland Island Government, July 2015 be free and fair, the Islands Total votes cast 1,518 Government have still learnt from it and can see improvements that can be applied to the electoral Total valid votes cast 1,516 process in the future. These improvements were all Turnout 92% of a relatively minor nature, such as improving pencils and paper used and offering an ‘emergency Chief Referendum No. of ‘Yes’ votes cast 1,513 (99.8%) vote’ option for those people that Officer, Keith Padgett, had to leave the Islands at very short notice (for example for pictured above No. of ‘No’ votes cast 3 (0.2%) medical reasons). announcing the Some of this work was ‘No’ campaigns receiving equal electoral act did things so well, completed for the general referendum result, opportunity. Individuals and so properly, in conformity with election in late 2013, however said: The referendum organisations were capped at international standards. This was some items remain and it is expenditure of £1,000 to ensure a demonstration of a desire that intended that the Electoral was a massive logistical that access to finance did not this should be an act of value, not Ordinance will be updated in time task for me. I expected mean inequity of coverage. The only in terms of its effects in the for the next general election in observer mission also found that Falklands themselves, but also 2017. In the meantime, as with a large turnout because the campaigning, particularly on for the international image of a all Commonwealth nations, the our status is important to social media, was a contributing legitimate process.” Islands democracy does not sit factor to the large turnout figure. As the statement highlighted still and the Islands Assembly us all. However, I don’t from resident Mrs Clement continues to seek best practice think anyone expected it A lasting legacy demonstrates, the referendum from around the world. Member of the Uruguayan in 2013 is something that will to be so large. There was Chamber of Deputies, Mr live long in the memory of all Below: Due to the remote nature a queue of eager voters Jaime Trobo, encapsulates the Falkland Islanders. Not only has of the Islands, mobile polling overall view of the observer it reinforced an existing sense stations were used for some through and outside the team well when he states that of identity, but it has also shown residents during the referendum. building all day long. he “...was surprised that such to the world the clear wish of a a small community with so few large majority of the people of All images copyright Sharon Jaffray Also, because the Islands human resources to organise an the Islands. and Falkland Islands Government. cover such a wide area, we use mobile polling stations to allow as many people as possible to vote. The count therefore took longer than expected and I had the added glare of TV cameras from around the world watching my every move. Altogether an unforgettable experience!”

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ELECTIONS AND CORRUPTION: A PERSPECTIVE FROM INDIA

Referring to India’s audacious process. While intimidation and party. It is, therefore, essential tryst with democracy, Sir Antony use of muscle power in elections that the conduct of political Eden, former Prime Minister has been checked with a great parties should be regulated in of United Kingdom observed: deal of success, the power of this matter by strict principles in “Of all the experiments in money in polluting the election relation to collection of funds and government which have been process and compromising the electioneering. It has to be frankly attempted since the beginning probity of electoral democracy recognized that political parties of time, I believe that the Indian remains a huge a challenge. cannot be run and elections venture into parliamentary In fact it has been cannot be fought without large government is the most persuasively argued that the funds. But these funds should exciting. A vast sub-continent cause or causes of corruption come openly from the supporters is attempting to apply to its can be traced to the enormous or sympathizers of the parties Shri Satya 3 1 tens and hundreds of millions a amount of money spent by concerned.” Narayana Sahu system of free democracy which political parties during elections In Common Cause (A is Joint Secretary in the has been slowly evolved over and if measures could be taken Registered Society) Vs. Union Rajya Sabha Secretariat. the centuries in this small island, to successfully deal with it then of India (AIR 1996 SC 3081), He served as an Officer Great Britain. It is a brave thing to the very root of corruption can the Supreme Court dealt try to do so. The Indian venture be struck with a decisive blow with the issue of election on Special Duty to the is not a pale imitation of our and a clean polity and society expenses. While holding that late President of India, practice at home, but a magnified can be established. the purity of elections was Shri K.R. Narayanan and multiplied reproduction on The Santhanam Committee fundamental to democracy and as a Director in the a scale we have never dreamt on Prevention of Corruption and the Election Commission of. If it succeeds, its influence established in 1964 by the then could ask the candidates Prime Minister’s Office. on Asia is incalculable for good. Home Minister of India, Shri Lal about the expenditure incurred The views expressed are Whatever the outcome, we must Bahadur Shashtri observed, “The by the candidates and by a personal views of author honour those who attempt it.”2 public belief in the prevalence political party, it held: “ ...when and are not of the Rajya of corruption at high political the elections are fought with Source of Corruption is Election levels has been strengthened unaccounted money the persons Sabha Secretariat. Expenses by the manner in which funds elected in the process can think Certainly the Indian venture into are collected by political of nothing except getting rich democracy has succeeded and it parties, especially at the time by amassing black money. They is of significance not only for our of elections. Such suspicions retain power with the help of country but for the whole world. attach not only to the ruling black money and while in office However it has been facing party but to all parties, as often collect more and more to spend mounting problems one of which the opposition can also support the same in the next election to is the evil influences of the private vested interests as well retain the seat of power. Unless power of money on the electoral as members of the Government the statutory provisions meant

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to bring transparency in the functioning of the democracy are strictly enforced and the election- funding is made transparent, the vicious circle cannot be broken and the corruption cannot be eliminated from the country.”4 Chapter 4 of the Report of the National Commission to Review the Working of the Constitution 2001, notes that the high cost of elections “creates a high degree of compulsion for corruption in the public arena” and that “the sources of some of the election funds are believed to be unaccounted criminal money in return for protection, unaccounted funds from business groups who expect a high return on this investment, kickbacks or commissions on contracts, etc.” It also states that “Electoral compulsions for funds become the foundation of the whole super structure of the power of money and its evil system of vote and ballot which Above: Ceremonial gates in New corruption.”5 influences on our democracy. the common people in the West Dehli, India. did, he referred to the “revelry of Measures by Election Swami Vivekananda on Vote bribery, … robbery in broad light, least 25 years before we got Commission to deal with Politics and Corruption …dance of Devil in man...” which independence. While in Vellore Election Expenses It is interesting and educative were practiced by politicians Jail in 1921-22 he wrote: “We A few years back the former to note that much before in those countries in the name all ought to know that Swaraj will Chief Election Commissioner electoral democracy was of politics and in the pursuit of not at once or, I think, even for of India, Shri S. Y. Quraishi very introduced in India in a full- votes.6 a long time to come, be better boldly stated that corruption in fledged manner, our great government or greater happiness India can be traced to election leaders had remarkable insight Rajagopalachari on Elections for the people. Elections and funding. That is the reason why to understand the magnitude of and Corruption their corruptions, injustice, during his tenure he appointed corruption that elections could The aforementioned and the power and tyranny an officer of the Indian Revenue generate. observations of a scholarly of wealth, and inefficiency of Service, Shri P.K. Dash, in the It was Swami Vivekananda monk in the late 19th century on administration, will make a Election Commission to squarely who during his visit to Europe corruption and bribery rooted in hell of life as soon as freedom deal with the power of money in the late 19th century could vote politics make us sensitive is given to us. Men will look vitiating the election process and see widespread corruption, in to the rising crisis of the power regretfully back to the old regime to restore the purity and integrity the European societies of that of money which gets multiplied of comparative justice, and of electoral democracy. time, arising out of vote politics on a day to day basis and efficient, peaceful, more or less So it was during the tenure and the system of ballot. In his contaminates our electoral and honest administration. The only of Shri S. Y. Quraishi that an illuminating article ‘The East and democratic process and gives thing gained will be that as a race attempt was made to boldly West’, he referred to parliament, rise to corruption at every level we will be saved from dishonour address the problem of the rising senate, vote, majority, ballot, etc., of our society and public life. and subordination. Hope lies only power of money which continue in the countries of that continent While Swami Vivekananda in universal education by which to adversely impact the conduct and observed that powerful men analysed the phenomenon of right conduct, fear of god, and of elections and jeopardize there were moving society in corruption in Europe and located love, will be developed among the fairness of the electoral whatever way they liked and rest it in the context of vote politics, the citizens from childhood. It is exercise. The expenditure of the people were following a great leader of our freedom only if we succeed in this that monitoring measures which Shri them like a flock of sheep. struggle, Shri C. Rajagopalachari Swaraj will mean happiness. Dash introduced constituted a Stating that Indians did not made a sharp observation on Otherwise it will mean the historic step to put an end to get education on account of a elections and corruption at grinding injustices and tyranny of

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wealth.”7 observations which were made ban on donations by companies Representation of People Act What Rajaji wrote has in the formative period of our and the relevant law should be 1951 political parties are not become a painful reality for all nation-building. amended accordingly.”9 required to disclose to the Indians. Even after six and a By safeguarding the integrity Shri Gopal Gandhi, former Election Commission the funds half decades of independence, of the voter we can safeguard Governor of West Bengal, while received by them from a person corruption arising out of the integrity of the people’s speaking at the Seventh National if such funds are below twenty the power of money and representatives who are elected Conference on Electoral and thousand rupees only. Under its debilitating influence on by the voters and, thereby, Political Reforms in Chennai such provisions of the above Act elections have become the bane can ensure the integrity of the on 12 February 2011 said the almost all political parties do not of our time. electoral process. The manifold following: “… we think it our disclose the funds received by measures taken by the Election duty to draw the attention of them on the ground that such Corporate Funding of Elections Commission of India to monitor Parliament to the great danger funds are below twenty thousand and the Integrity of Voters election expenses constitute inherent in permitting companies rupees. Stringent measures have Justice M. C. Chagla and Justice a bold step to not only check to make contributions to the to be taken to make political S. T. Desai of Bombay High money power vitiating our funds of political parties. It is a parties accountable to the Court while dealing with a case electrical process but also to danger which may grow apace Election Commission in so far in 1957 involving contributions put an end to corruption in our and which may ultimately as the funds being received by of a business house to a political country. The slogan ‘Yes to overwhelm and even throttle them. party observed: “The very basis of Vote, No to Note’ coined by the democracy in this country. That is why the Dinesh democracy is the voter and when Election Commission of India Therefore, it is desirable for Goswami Committee on in India we are dealing with adult for the general elections to Parliament to consider under Electoral Reforms recommended suffrage, it is even more important elect Members of Parliament what circumstances and under in 1990 that “Submission of than elsewhere that not only the for the 16th Lok Sabha, in which what limitations companies false account should be made integrity of the representative approximately 815 million voters should be permitted to make an electoral offence and the who is ultimately elected to of our country were expected these contributions.” minimum punishment for violation Parliament is safeguarded, but to participate, constituted a Former Prime Minister, of this provision should be that the integrity of the voter is significant step to sensitize the Dr. Manmohan Singh while two years imprisonment.” This also safeguarded, and it may be voters to protect their integrity. addressing the annual general recommendation has not been said that it is difficult to accept the If as the former Chief Election meeting of the Confederation of implemented even 24 years after position that the integrity of the Commissioner Shri S. Y. Quraishi Indian Industry (CII) on 24 May it was put forward. It is extremely voter and of the representative stated that election expenses 2007 gave a ten point social important to do so in 21st is safeguarded if large industrial are sources of corruption, then charter to business houses. century India for the purpose of concerns are permitted to we need to focus attention While elaborating on the ninth cleansing our democracy of the contribute to political funds to on the source itself to purge point on the responsibility harmful impact of black money bring about a particular result…”8 the electoral process of evil of business to fight against and excessive use of the power The widespread concern influences of money power and corruption at all levels he stated of money during election time. expressed in the country about thereby put an end to corruption that “businessmen who enter We cannot afford to ignore the corporate funding of the in our country. politics should erect a Chinese such recommendations at a elections has to be understood It is pertinent to recall that wall between their political time when public opinion is in the context of the above in 1990, the Dinesh Goswami activities and their businesses.”10 building up to deal with rising Committee Report on Electoral levels of corruption with a slew Below: The parliament building Reforms recommended that Political Parties and Disclosure of legislative measures. While in India. “There should be a complete of Election Funding there is ceiling on expenses The to be incurred by a candidate danger contesting election there is no has to such ceiling for the expenses be met being incurred by political parties squarely. during elections. This issue As per requires the urgent attention section of Election Commission and 29C political parties. of the While participating in the discussion on the Motion of Thanks on the President’s Address in the Rajya Sabha on 10 June 2014, Shri Sitaram Yechury, an Honourable Member of the House, urged the

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Government to seriously think Commission seized 31% more can fulfill the long cherished delivered at the Seventh National about electoral reforms and very dirty cash in the 2014 election desire of our youth to ensure that Conference on Electoral and Political pointedly observed “… there is than during the last election five our democracy remains free from Reforms in Chennai on 12 February a lacuna in the law that political years ago, when there was no corruption and the evil influences 2011 pages 2-3. parties’ expenditures are not such coordinated effort. In spite of money. 8 As quoted in ibid, pages 4-5. under any ceiling. Candidates of many challenges faced by As the aforementioned article 9 Report of the Committee on are restricted but not political the Election Commission, the of the Washington Post rightly Electoral Reforms, 1 May 1990, parties. What is this discrepancy? success registered in seizing observed “The drive against Government of India, Ministry of Law It is a very incongruous situation. cash and other materials which illegal campaign spending by and Justice, Legislative Department, Unless you correct these things, were being unfairly used by the Election Commission comes p.46 it is just money power that will certain political parties to as middle-class Indians are 10 Prime Minister Dr. Manmohan distort your democracy. We their advantage is heartening. increasingly demanding greater Singh’s address at the CII have been talking about electoral P.K. Dash was quoted in transparency in politics.”15 We (Confederation of Indian Industries) reforms all these years, but that the aforesaid article in the need to be mindful of this to annual general meeting on 24 May is required.”11 The order of the Washington Post as having said make our democracy not only 2007. Central Information Commission that “We have created fear in the more vibrant but also more clean 11 Uncorrected Parliamentary Bench chaired by former Chief minds of candidates.”14 and pure. Debates, Rajya Sabha, 10th June, Information Commissioner, Shri This augurs well for our 2014 p. 252 (http://164.100.47.5/ Satya Nanda Mishra bringing democracy which has been badly References newdebate/231/10062014/17.00 almost all major political parties vitiated and distorted by manifold 1 The author was Officer on pmTo18.00pm.pdf) under the Right to Information corrupt practices. Already we have Special Duty and Press Secretary 12 “The rational rebel: How CIC Act12, opens up possibilities of been successful in controlling to Late President of India Shri K.R. Mishra is battling to make RTI more opening their accounts to public muscle power which earlier Narayanan and served as Director powerful”, Mail Online India, 18 scrutiny. influenced the election process and in Prime Minister’s Office during June 2013. (http://www.dailymail. prevented many voters including Dr. Manmohan Singh’s term as co.uk/indiahome/indianews/ Public Opinion and A Clean weaker sections of society to Prime Minister of India from 2004 article-2344118/Satyananda- Electoral Process come forward and cast their to 2009. He is currently serving as Mishra-How-Chief-Information- There are several such proposals votes. If muscle power could be Joint Secretary in the Rajya Sabha Commissioner-battling-make-RTI- and recommendations which controlled then we can control the Secretariat. Views expressed are powerful.html) are there in the pages of the power of money. There are bright personal and not that of Rajya Sabha 13 Rama Lakshmi, “In election Commissions on Electoral officers who have given practicable Secretariat. season, India competes with Reforms. Such proposals proposals to do so. Earlier we 2 As quoted in the ‘Report of the campaigns’ ‘black money’”, and recommendations along saw the strength of the Election Committee on Electoral Reforms, Washington Post, 2 May 2014. with the proposals of the Commission to discipline political 1 May 1990’, Government of (http://www.washingtonpost.com) Director-General, Expenditure, parties. The same strength is there. India, Ministry of Law and Justice, 14 Ibid Election Commission of It has to be put into action to sternly Legislative Department, p.1-2 15 Ibid India, Shri P.K. Dash, deserve deal with the power of money 3 The Report of the (Santhanam) serious consideration and which is a serious threat to the Committee on Prevention of “By putting an implementation for the cause fairness and purity of our election. Corruption, Home Ministry, of purity and integrity of the There is yearning among Government of India, 1964, p.104 end to the power electoral process. citizenry particularly the youth 4 All India Reporter 1996 of money in These proposals along with to put an end to the power of Supreme Court, 3081 the expenditure monitoring money in elections. The vast 5 As quoted in ‘Background Paper elections we can measures which he introduced number of young voters who cast On Electoral Reforms’, Prepared By fulfill the long and which resulted in massive their votes in the last general The Core-Committee On Electoral seizure of money and liquor in election indicates that they want Reforms, Legislative Department cherished desire successive elections over the positive and quick change so that Ministry Of Law And Justice, of our youth last three/four years, would democracy becomes meaningful Government Of India, Co-Sponsored herald a new era in restoring the for them. In an aspirational India By The Election Commission Of to ensure that dignity and purity of our electoral we can hardly remain unaffected India, December 2010, p.11 our democracy democracy. by the yearning of the youth 6 The Complete Works of Swami In an article entitled ‘India who constitute a significant Vivekananda, Mayavati Memorial remains free competes with election cycle’s component of our population and Edition, Volume 5, Advaita Ashrama from corruption dirty money problem’13 published whose talent and energy would Publication Department, 5 Delhi in the Washington Post, it has reap us huge demographic Entally Road, Koltaka 700 014, and the evil been observed by its author dividend. pages 461-462 influences of Rama Lakshmi that the crack By putting an end to the 7 As quoted in unpublished team deployed by the Election power of money in elections we speech of Shri Gopalkrishna Gandhi money.”

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THE CHALLENGES OF DEALING WITH BOKO HARAM IN NIGERIA

Brief Background of Boko civil war within Islam. Radical dominated by those that share Haram in Nigeria reformers in what is now Nigeria their ideologies. In 2002, when Mohammed have long claimed that unjust Yusuf, a charismatic Muslim Muslim leaders are ‘infidels’. Operations of Boko Haram Cleric in Maiduguri, Borno This often manifests in a conflict in Nigeria state Nigeria, organized a between Salafi fundamentalists The operations of Boko group of people to establish and the tolerant Sufis who Haram were rather non-violent God’s kingdom on earth by dominate the traditional Nigerian until 2009 when its leader, extricating itself from the wider Muslim elites.1 Mohammed Yusuf got involved Nigerian society, little did the Boko is a Hausa word, which in the politics of Borno State. country imagine that it would means ‘Western education’ or Following a disagreement Hon. Daniel later be confronted by a deadly ‘non-Islamic education’. On the with local politicians which saw Reyenieju MP is a insurgent group whose activities other hand, Haram, an Arabic sect members disregarding Member of the House of could hamper the progress or word, literally means, ‘forbidden’. a law requiring motorcyclists Representatives in the development of a section of Thus, Boko Haram implies ‘non- to wear helmets. This led to the country in particular and Islamic or Western education confrontation between the National Assembly of the nation at large. Consequent is forbidden’. It does not only police and the sect members Nigeria. He was elected upon his expulsion by Muslim condemn Western education, leading to loss of lives, as Vice Chairperson of Clerics from two mosques in but Western culture and the destruction of government the Commonwealth Maiduguri for propagating modern ways of doing things. buildings and a prison break. radical and extreme views, The insurgent group is The repelling attack by Parliamentary Association Mohammed Yusuf set up a branded by the official Arabic combined security forces led (Africa Region) in 2013. He centre called Markaz. The centre name, Jama’atu Ahlis Sunna to the capturing of Yusuf by attended the University was made up of a mosque and Lidda’awati wal-Jihad, which military men who handed him of Uyo and Obafemi an Islamic school. It would later means ‘People Committed to over to the police. He later died be a sought after centre for the propagation of the Prophet’s in custody among claims of an Awolowo University where many poor Muslim families in teachings and Jihad.’ attempted escape from custody. he received a Degree in Nigeria as well as neighbouring Boko Haram invariably This was followed by the killings Philosophy and a Post countries who desired an Islamic promotes a version of Islam of hundreds of his followers Graduate Diploma in Public education for their children/ which makes it ‘haram’, or and the forcing of the sect to go wards. Nevertheless, the centre forbidden for Muslims to take underground, a situation which Administration. He has had ulterior political motives part in any political or social was later reviewed and observed served on Committees aimed at creating an Islamic activity associated with Western in many quarters as extra-judicial including Constitutional state governed under strict society. This includes voting in killings. Amendments; Illegal Sharia laws. It soon became elections, wearing shirts and The group re-emerged in a recruiting avenue for future trousers or receiving Western 2010 under the leadership of Bunkering & Oil Theft; ‘jihadists’ to fight the state and education. As part of its Yusuf’s second in command, and Inter-Parliamentary country. demand, the sect also calls for Abubakar Shekau. This Relations. Boko Haram is a recent a replacement of the Sultan of marked the turning point in manifestation of a decades-long Sokoto with a shura (council) the operations of the sect as

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they became more vicious and added Molotov cocktails and responsibilities for some attacks forcing over 7,000 children out carried out a series of daring simple Improvised Explosive outside the northern parts of the of their schools.3 attacks to avenge the death Devices (IEDs) to its tactical country. It is argued that the low level of their erstwhile leader and repertoire.2 According to News24, “the of education in that part of the followers. They were alleged to have real estimate of Nigerians killed country makes it easier for the At first, Boko Haram was links to international terror since the onset of the Boko sect to recruit its foot soldiers, involved mostly in fomenting groups as they intensified Haram insurgents in 2011 is who in the face of prevailing sectarian violence. Its adherents attacks on security forces. The over one hundred thousand”; and economic hardship, lack the participated in simple attacks on group strategized to take over this figure is conservative. Most capacity to challenge the mostly Christians using clubs, the state, which they claimed media reports put the number of apparent misinterpretation of machetes and small arms. By was being run by compromised deaths at 15,000. the Muslim Holy Book. late 2010, Boko Haram had Muslims. Once the state had banned Over time, the sect has Challenges of Boko Haram the use of motorcycles for “Apart from the engaged in bombings, bank Apart from the general apparent commercial transportation general apparent robberies, kidnappings for insecurity, the challenges of in view of drive-by-killings by ransom, the abduction of the Boko Haram insurgence in cyclists detonating explosives, insecurity, the children and women and Nigeria are also socio-economic the socio-economic implication challenges of especially the destruction of in nature. Having evolved from was the twin consequences of schools. Their attacks have a region that is educationally causing increasing economic the Boko Haram been more frequent in the disadvantaged, the activities of hardship to the majority of the insurgence in northern states of Borno, the sect have further put school population (about 80%) that Yobe, Kano, Bauchi, Gombe, age pupils in that region out of use motorcycles as a means Nigeria are also Adamawa, Niger, Plateau, Kogi, their schools. Statistics reveal of transportation as well as socio-economic in Kaduna and Sokoto, including that more than 14 schools have rendering approximately 10,000 the Federal Capital Territory, been burnt down in Maiduguri, youths jobless. Unemployment nature.” Abuja. However, they also claim the state capital of Borno state, no doubt causes frustration,

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dejection, low status/esteem who fled the city. Financial According to Ike Okorie, citizens and putting them on the and increases the dependency institutions in affected areas Nigeria would not be able to tap path of self-actualization once rate. There is no doubt that the are also not left out. They now into about US$1.4tr investment more. This is a task that is really incidences of militancy, violent operate under difficult situations capital which circulates around daunting given the huge rate of crimes, political thuggery and and some have reduced their the world for as long as the recaptured pregnant abductees kidnappings amongst others business hours to guard against insecurity situation persists. as well as girls and women. places an enlarging scar on being attacked by members of There is therefore the need the face of the country. The the sect. to examine what the rising What the Government has problem of unemployment is a The attacks on Kano have insecurity portends for the done big challenge to Nigeria and the been very devastating because country particularly in the In tackling the menace, Boko Haram insurgence has the city had been regarded areas of foreign investment ex-President Goodluck continued to exemplify it. as the commercial centre of and employment generation. Jonathan stated the resolve of Economically, the incessant western Africa for the past 500 Insecurity is a risk factor, which his administration to overhaul attacks of the sect on the State years. As a result of the attacks, investors the world over dread the entire national security have weighed down commercial investors have relocated from and encourages them to move architecture, improve intelligence and business activities in Borno the state and continue to search elsewhere. gathering, training, funding, and Kano states especially. The for fresh grounds for their Accordingly, Okorie indicates logistical support to the armed Maiduguri Monday Market, the investments. The commercial that the severe security threat forces and security collaboration biggest market in the city is city had been regarded as the to life and property all over the with friendly countries to achieve reported to have been seriously economic base of the North country sends the wrong signals visible and positive results. hit by the crisis. Hundreds of before the evolution of countries to the international community.4 The federal government of shop owners, especially those like Niger Republic, Chad and In recent times, with the Nigeria also declared a state of from the southern parts of northern Cameroon as well as liberation of towns and villages emergency in the three states the country have closed down the Nigerian nation itself. occupied by the Boko Haram of Adamawa, Borno and Yobe. their businesses and left the The crisis alongside poor terrorist and the rescue of However, the policy of a state embattled city. Approximately power conditions is reported to abducted persons by Nigerian of emergency in a democratic half of the 10,000 business have contributed in reducing the troops, there has arisen the Nigerian state means that the stalls in the market were said to business prospects of the entire challenge of rehabilitating federal government has always have been abandoned by traders northern region of Nigeria. a community of traumatized been an onlooker in the fight

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against the insurgency and • Regulating GSM (Global nevertheless the enlarging System for Mobile crisis seemed to overwhelm the Communications) measures employed to confront it. services in affected Other measures put in place areas by the federal government • Setting up of road blocks include poverty alleviation for security cordon and programmes, economic search operations. development, education and The proclamation by social reforms. The government President Mohammadu Buhari, provided modern basic education head of the new government schools for the Almajiri and on 29 May 2015 to move established nine new federal the command centre of the universities in some states. army to Maiduguri, signifies a Its youth empowerment strengthened resolve to end programmes like YouWin were the crisis in Nigeria and only established to aggressively time shall reveal the extent to address the challenges which this decision will help in of poverty. In addition, the addressing the crisis. government invested massively in infrastructure to promote Conclusion economic development. The challenges of dealing with At the peak of the crisis, the Boko Haram crisis in Nigeria the government set up an remain daunting; just as the Administrative Panel to discuss crisis continues to affect national the situation with the sect, development. although they refused to meet The initial handling and with the government team. killing of the erstwhile leader of The framework of the the sect by the Nigeria Police anti-insurgency policy of the contributed to the escalation President Goodluck Jonathan of insurgency in the country. administration to confront It is therefore wise to review insurgency in Nigeria included: the government’s subsequent • The reinforcement of strategies towards combating Nigerian Troops the menace to include a • Putting in place the strong local community effort. References Employment, “The Punch, Thursday, International Joint Task Education and civic awareness 1 Campbell J. Boko Haram: September 9, pp37-38. Force (JTF) remain paramount in this quest, Origins, Challenges and Responses. • The establishment and while adequate political will must Policy Brief published by Norwegian Further reading ratification of the state be exerted towards this course PeaceBuilding Resource Centre, 1. Adebayo, A. A. (2014). Civilian JTF by the to attract the expected success. October 2014 Implications of ‘Boko Haram’ federal government The involvement of frontline 2 Adagba O., Ugwu S., Terrorism on National Development • Imposition of curfews countries like Niger, Chad and Okechukwu E. (2012). Activities in Nigeria: A Critical Review. Cameroon and the support of of Boko Haram and Insecurity Mediterranean Journal of Social “The challenges other friendly nations (especially Question in Nigeria. Published in Sciences, Vol 5, No 16. MCSER the G7 and AU Nations) Arabian Journal of Business and Publishing, Rome-Italy. of dealing with has gone a long way in the Management Review (OMAN 2. Akpan F., Ekanem O., & the Boko Haram successes recorded in the war Chapter) Vol. 1, No.9; April. Olofu-Adeoye A. (2014). Boko against insurgency. 3 Ohiwerei, F. O. Effects of Boko Haram Insurgency and the Counter- crisis in Nigeria Haram Insurgency/Terrorism in Terrorism Policy in Nigeria. Canadian remain daunting; Business Education in Nigerian Social Science, Vol. 10, No. 2, 2014, Universities. Scholarly Journal of pp. 151-155. just as the crisis Education Vol. 3(9), pp. 163-171, continues to December 2014. Available online at http:// www.scholarly-journals.com/ affect national SJE. development.” 4 Okorie, I. (2011), “Insecurity” Consequences for Investment and

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The shores of the Mediterranean their legacies clash, merge and remain the personification of have acted as the cradles of ultimately fuse to produce the global ethnic fusion at its best. some of the world’s greatest most diverse, colourful, vibrant, After a very turbulent past civilisations, as much as they culturally rich spot that mankind characterised by the successive have been their reluctant tomb. can create. And the Maltese domination or colonisation by It is the spectacular restless Archipelago occupies a very the consecutive masters of the navel of the planet where North privileged spot right in the centre Mediterranean, Malta succeeded meets South and East merges of this ‘Middle’ sea. in gaining its freedom. into West, where bloody battles It is no wonder that our little Just over half a century ago, on for supremacy of the world have grand islands are peppered the 21 September 1964, Malta been fought and where many a by splendid architectural became independent. Ten years Hon Dr Godfrey valiant warrior has met the end. relics and precious artefacts, later on the 13 December 1974, Farrugia MP is To this day, the representative of all the stages the little Archipelago, home to less Mediterranean area remains that have marked the progress than half a million people, became a Member of the a high tension zone with of human presence on this a Republic, boasting its own Head Parliament of Malta ceaseless wars ravaging its earth since time immemorial. of State for the first time in its and a Government ancient East, revolutions and The rich heritage in stone that chequered history. Whip. A family doctor by civil wars unsettling its South, played witness to the rise and Since then successive and financial debt ridden wars fall of civilisations empires and governments in a Parliamentary profession, he has held tear away at the heart of its kingdoms, is complimented by democracy, have managed to numerous public posts North. the continued existence of the create a sustainable and thriving and was Mayor of his This ‘Middle’ sea seems to Maltese people whose very economy. This robust, brisk home town between be that nucleus of our planet existence, genetic make-up, economic activity based mainly where three continents and language, culture and traditions on tourism, financial services, 1993 and 2000. Elected maritime and aviation services, to Parliament in 2013, e-gaming and manufacturing he also served as a among other things, in turn Minister of Health and is supports a healthy standard of living for its citizens. Free head delegate for OSCE comprehensive health care (PA) and IPU. and free education from kindergarten up to a tertiary leve, and a programme of ongoing social welfare reforms has ensured the eradication of poverty on the islands that was rife after the ravages of the Second World War. An educated digitally savvy population, supported by a diverse pluralistic culture entrenched in a deep

204 | The Parliamentarian | 2015: Issue Three POWERING DEMOCRACY: LOOKING AHEAD TO CHOGM 2015

regard for the Rule of Law, of those entrusted to govern by remains the major resource the those enjoyed by the governed. country can boast of and the The Maltese Constitution was undisputed driver of sustainable born back in 1813 when the economic growth. Maltese voluntarily placed their Malta is also a member homeland under the protection of the European Union and of Great Britain. Since then the Eurozone with which it this document was rewritten shares a common foreign eleven times as attempts policy. This is within the limits to address the changing of the Constitution by which overarching requirements of a neutrality is entrenched. Malta young developing nation were has always been and remains at addressed. the forefront of brokering and Forged in the Constitution maintaining world peace, an is the writ that gave birth to the element in its character which first Parliamentary Assembly has nurtured its own political of Malta in 1921. Once Malta stability and encouraged the gained its independence in acquisition of serenity in its 1964, this was elevated to a towards the strengthening of Europe, the Council of Europe, neighbours as a key to their sovereign Parliament made Parliamentary activity was the the European Mediterranean individual and collective success. up of a democratically elected tabling in this twelfth legislature Parliamentary Assembly, the The determining factors that government and opposition and of the Bill on Standards in Public Inter-Parliamentary Union power our approach to current a Speaker of the House. Life and the Parliamentary and the Commonwealth challenges are the principles The Maltese Parliament Service Bill. Once approved Parliamentary Association. It is and values embedded in Malta’s follows the Westminster model both bills will further enhance through these representations Constitution. This firmly ensures and therefore operates on a parliamentary integrity. that parliamentarians network that in our democratic society framework of Standing Orders Other acts of note introduced to empower themselves and it is the sense of propriety and that are modelled on the in this legislature are the Whistle the relevant institutions to responsibility, the allegiance to procedures of the British House Blower Act and the Political effectively address global the rule of law and the constant of Commons. We are currently Parties Finances Act which challenges. High on our agenda vigilance to uphold human in the process of updating these remain only two of 79 Acts are climate change, the plight rights, liberty and freedom Standing Orders. enacted by Parliament since of migrants and refugees who of expression achieved by To further strengthen April 2013. escape conflict, persecution and delicately balancing the powers democracy in our country, in 1995 It is noteworthy that after violence, as well as the scourge a number of Permanent Standing 94 years in office, on 4 May of the new brand of international Images showing the new Committees were set. Their 2015, Malta’s highest institution terrorism. Parliament Building in Malta. purpose is to facilitate the smooth migrated from the President’s As Malta hosts the CHOGM running and strengthen the scrutiny Palace, where it had occupied (Commonwealth Heads of All images copyright Pierre of the plenary. Since then these one of its grand chambers, Government Meeting) 2015 and Sammut and the Government have been increased to eleven. to its own official building at welcomes heads of state and of Malta. Another determined step City Gate. This contemporary, representatives of governments environmentally friendly across the Commonwealth, Parliament building, designed by I hope and expect that with the globally acclaimed architect determination and a strong Renzi Piano, is among other will to succeed, we will actively attributes, digitally furnished, champion and give life to allowing real time transmission the main theme chosen for to the public and reaching CHOGM: ‘Adding Global Value’ the ultimate standards in by owning and implementing the Parliamentary transparency. Sustainable Development Goals Besides the plenary sittings promulgated by the United and Standing Committee Nations. meetings, Parliamentarians also participate actively in all For further information about European institutions and in CHOGM 2015 please visit other international fora that https://chogm2015.mt/ include the Organization of Security and Cooperation in

The Parliamentarian | 2015: Issue Three | 205 THE CALL TO ACTION ON TB

MILLENNIUM DEVELOPMENT GOALS UPDATE: THE CALL TO ACTION ON TB

There are crises that are so 22 years ago the World Health we’d seen, we established an terrible and urgent that they Organisation (WHO) declared All Party Parliamentary Group merit immediate attention: an TB a ‘global health emergency’. on TB in the UK Parliament – a outbreak of a killer disease that Since then nearly 30 million lives cross-party grouping of MPs wreaks havoc across a region, or have been lost. Progress has and Members of the Houses of a natural disaster which leaves been made, but at the current Commons and Lords who work tens of thousands desperate rate of reduction, TB will remain together to raise awareness of and destitute. Then there are a threat to public health for two TB and to press our government crises to which the world has hundred years. to support global action and the become inured. That any progress has been efforts of countries like South The global tuberculosis (TB) made at all is largely due to the Africa in tackling the epidemic. Hon. Nick Herbert epidemic falls into this latter inclusion of TB in Millennium In the last twelve months MP is a Member of category. Development Goal 6, which in we have taken our campaign It was not always like this. turn led to the establishment of to a new level. TB is a global the UK Parliament, first A hundred years ago TB was the Global Fund to Fight AIDS, threat which requires a global elected in 2005 and as common as flu is today. It TB and Malaria. The Global response. So on World TB appointed as a Minister claimed the lives of luminaries Fund provides nearly 90% of Day last year, 180 MPs from after the election such as Keats, Orwell and Kafka. all international financing for across the G7 Group signed It featured in the popular culture the disease and has helped a statement recognising the in 2010. Prior to his of the day. It was responsible for save millions of lives, but huge importance of the global TB election, he was the as many as one in four deaths in funding gaps remain. epidemic. In the wake of the Director of Reform, the Victorian England. Calls to step up the global success of that effort, we independent think tank Yet today TB is a forgotten response have been led by the decided to hold a global summit disease. Too many people in BRICs nations (Brazil, Russia, of parliamentarians, focusing on which he co-founded in the West believe that the battle India, China) and particularly Dr the disease. 2002. Since becoming has been won. How wrong Aaron Motsoaledi, South Africa’s With the tremendous an MP, he has taken a they are. The weapons used inspirational Health Minister. support of Jose Castro, keen interest in tackling to turn the tide are no longer With some of the highest Executive Director of The Union as effective. The disease has rates of TB in the world, South (International Union Against tuberculosis, especially made a comeback. It is widely Africa has launched one of the Tuberculosis and Lung Disease) in developing countries. understood that we have an biggest diagnosis and treatment and thanks to the leadership In 2006 he was elected effective vaccine when we campaigns, but the challenge is of Minister Motsoaledi from Co-Chairman of the All do not. The golden age of enormous. South Africa, the TB Summit antibiotics which promised the My involvement with TB took place in Barcelona in Party Parliamentary end of diseases like TB has began in 2005 when I travelled October 2014. We were Group on Global TB at passed: drug resistant strains to Kenya with a small group joined by representatives from the UK Parliament and of the disease are emerging of colleagues from the UK nine countries spanning five was a leading figure in that are effectively impossible Parliament and witnessed a continents, with messages of to treat. TB epidemic about which I support from many others. It was the establishment of the Most people in the UK think had never previously heard the first global political meeting Global TB Caucus in 2014. that TB no longer exists, yet a thing. In response to what on TB for over a century.

206 | The Parliamentarian | 2015: Issue Three THE CALL TO ACTION ON TB

“We are indebted At the Summit we decided resistant TB today has the same Above: The Summit Opening to many that a one-off initiative would chance of survival as someone with (left to right): Nick Herbert not be sufficient and founded a with untreated ebola. So we find UK MP, Dr Aaron Motsoaledi, organisations Global TB Caucus – a network ourselves at a crossroads: we South African Health Minister for their support, of parliamentarians spanning can urgently scale up existing and Jose Castro, Executive the world. We also drafted and interventions and invest to Director of The Union including the launched a Declaration that develop new ones – a road that (International Union Against Commonwealth articulates our vision for a world the WHO estimates could lead Tuberculosis and Lung Disease). free from one of its oldest and to the elimination of TB within a Parliamentary deadliest diseases. generation – or we can continue Association, for This Barcelona Declaration as we are and risk an explosion is open to any parliamentarian of drug-resistance that could organisations for their support, helping raise to sign. We have set ourselves undo all progress, even returning including the Commonwealth the profile of the ambitious target of gathering us to an era before antibiotics. Parliamentary Association, support from representatives of The Millennium Development for helping raise the profile this initiative. 100 countries by December this Goals provided a catalyst for of this initiative. If elected If elected year, when Minister Motsoaledi change which has helped push representatives from across the will host the second Global TB back the TB epidemic. Now it is globe make their voice heard, representatives Summit in Cape Town. By then, vital that TB is included in the we have a chance to secure the from across the the world will have agreed a new new Sustainable Development action that will finally beat TB. set of Development Goals which Goals. I am urging parliamentary globe make their will shape the future of billions colleagues around the world to Commonwealth voice heard, we of people over the next fifteen add their names in support of Parliamentarians who are years. the Barcelona Declaration and, interested in signing the have a chance to The creation of the Global TB in doing so, to become part of Barcelona Declaration secure the action Caucus has come at a critical our campaign to end TB. So far, on TB can visit www. time. TB still kills 1.5 million 400 political representatives globaltbcaucus.org for further that will finally people a year and is increasingly from 60 countries have added information and to add their beat TB.” resistant to our best drugs. A their names in support. name and legislature. See patient on treatment for drug- We are indebted to many also www.appg-tb.org.uk.

The Parliamentarian | 2015: Issue Three | 207 Commonwealth Parliamentary Association Conferences, Seminars and Events

Left and below left/right: Delegates at the 53rd Commonwealth Parliamentary Association Canadian Regional Conference and the Commonwealth Women Parliamentarians (CWP) Canadian Regional Conference which took place in Victoria, British Columbia, Canada hosted by Hon. Linda Reid, Speaker of the Legislative Assembly of British Columbia and Chair, Commonwealth Women Parliamentarians, Canadian Region.

Left: The Commonwealth Below: Serjeant at Arms Mr Women Parliamentarians (CWP) Leslie Gonye from New South Australia Regional Conference Wales Parliament (centre) visited took place in Sydney, Australia the CPA Secretariat during the hosted by the New South Wales Commonwealth Serjeant at Arms Parliament. Members of the Conference (see page 236 for report). CWP Australia Steering Committee are pictured with the Male Champions Forum at the conference (see page 211 for report).

208 | The Parliamentarian | 2015: Issue Three Above: Delegates at the Commonwealth Parliamentary Association/Commonwealth Secretariat Seminar on ‘The Role of Parliamentarians in the Promotion and Protection of Human Rights’ held for the Australia and Pacific Regions of the CPA.

The Seminar was held in Wellington, New Zealand and was opened by the Hon. Chester Borrows, Deputy Speaker, New Zealand House of Representatives. Keynote addresses were delivered by Dr Josephine Ojiambo, Commonwealth Deputy Secretary-General and Mrs Vicki Dunne, MLA, Speaker of the Legislative Assembly for the Australian Capital Territory and CPA Regional Representative. The Seminar was hosted by the CPA New Zealand Branch and the New Zealand Parliament.

Right and above: During the 40th Conference of the Caribbean, Americas and Atlantic Region of the CPA in Tortola, British Virgin Islands, the Caribbean Regional Youth Parliament (above) and the Regional Steering Committee of the Commonwealth Women Parliamentarians Caribbean Region (right) held their annual events and meetings.

The Parliamentarian | 2015: Issue Three | 209 CWP REGIONAL STRENGTHENING

Commonwealth Women Parliamentarians (CWP) Regional Strengthening Activities

Samoa Women’s Association (CPA) and the the Offices of the Legislative Member of the Commonwealth Commonwealth Parliamentary Commonwealth Women Assembly, where the participants of Nations Today’, and a question Programme (SWCPP) 2015 Parliamentarians Group (CWP) learned about the work of each and answer session lead by The Office of the Clerk of the through presentations and division. The presentations were Hon. Gatoloaifaana Amataga Legislative Assembly in Samoa discussions led by the Hon geared to give participants basic Alesana-Gidlow. Subsequently hosted its inaugural Women’s Gatoloaifaana Amataga Gidlow, knowledge and understanding of participants were divided Commonwealth Parliamentary Deputy Chairperson of the the Commonwealth, the CPA, the into two groups for further Programme (SWCPP) in March CWP Steering Committee and CWP and Samoa’s involvement discussions, where it focused on 2015 at the Tofilau Eti Alesana parliamentary officials. in these organizations. the role of the CPA in the Pacific Building. The Speaker of Parliament, The Clerk, Fepuleai Attila M. and their move to ensure the The SWCPP is a joint Hon Laauli Leuatea Polataivao Ropati spoke on The Roles of the boost in women representation initiative by the Commonwealth Fosi Schmidt delivered the Commonwealth and the CPA, in the Pacific. The groups also Parliamentary Association opening address where he highlighting the principles and identified obstacles preventing (CPA) to commemorate stated that “the theme, ‘A Young objectives of the Commonwealth women from entering Parliament Commonwealth Day under Commonwealth’ recognizes as well purpose of the CPA and how these obstacles can be the theme of ‘A Young the capacity, contribution and and how they work together overcome. Commonwealth’ and the potential of young people, who with the Parliament of Samoa. Commonwealth Women play a vital role in sustainable The Deputy Clerk, Charlene Parliamentarians (CWP) group development and democracy.” Malele spoke on the relationship Niue Women’s to commemorate International He emphasized the need between the CPA and the Parliamentarians Past and Women’s Day (8 March). The for good leaders to make Parliament of Samoa and how Present Reunion CPA Samoa Branch invited good decisions for Samoa the Parliament of Samoa has An event was held in March young women between the ages and encouraged the young benefitted from joining the CPA 2015 by the Niue Legislative of 18 to 25 from the National women to get to know their with for example the twinning Assembly to link past and University of Samoa and the Parliament and its place in the project which has opened doors present members of the University of the South Pacific Commonwealth and also make to funding and capacity building. Commonwealth Parliamentary to participate and a total of 65 use of this opportunity to make The Deputy Chairperson of Association (CPA) and the registered. a contribution to the legislative the CWP Steering Committee Commonwealth Women Participants learnt about the process. and Associate Minister for Parliamentarians (CWP). roles of the Commonwealth, the Participants observed the Women, Community and This event was an excellent Commonwealth Parliamentary Parliament Pre-Sitting Briefing Social Development, Hon. get-together for past and present where five Bills scheduled to Gatoloaifaana Amataga Niuean women parliamentarians Below: International Womens Day be introduced in the next sitting Alesana Gidlow spoke on to listen and socialize with invited celebrations in the Pacific Region. were discussed. They toured the CWP in its support for guests. The invited guests were the Parliament House and increased representation of young leaders of Niue, both male Women in Pacific and female who have potential to Parliaments become future parliamentarians. accentuating Invitations were also extended on the CPA’s to current male parliamentarians commitment to who are champions of gender gender equality equality and have supported the and the need women parliamentarians’ causes to encourage in the past. women to actively The reunion focused on the participate in following objectives: national political a) Reconnecting present institutions. women parliamentarians with The programme former women parliamentarians concluded in a to strengthen and invigorate panel discussion ideas to promote future women on the topic, parliamentarian involvement in ‘Samoa as a the Niue Legislative Assembly;

210 | The Parliamentarian | 2015: Issue Three CWP REGIONAL STRENGTHENING

b) Rejuvenate relationships Dawson between past and present Foundation women parliamentarians as for the well as male parliamentarians Education who can support and champion of girls. Ms women’s participation and Dawson involvement in the Niue was a Legislative Assembly; victim of c) Revive and revitalize the Sydney relationships between past and Lindt Cafe present women parliamentarians siege in with young women leaders with Martin potential to become the future Place last political representatives in the December. country. The event was attended by CWP Regional Conference her brother, takes place in Sydney, Mr Angus (Australia’s first ever elected Australia Dawson and 400 current and Above: The CWP Australia female Premier - Queensland), The Commonwealth Women former MPs, barristers, solicitors Regional Conference in New Rosie Batty (Australian of Parliamentarians (CWP) and professional women. South Wales with (left to right) the Year), Catherine Cusack, Australia Regional Conference During the CWP Conference, Hon Catherine Cusack MLC, MLC (CWP Chair Australia) has taken place in Sydney. the Women MPs Alumnae was Dame Quentin Bryce, Rosemary and Jenny Aichison (CWP The CWP Conference also launched with the Patrons Crowley, Helen Coonan and Steering Committee - NSW featured two special luncheons being two distinguished former Hon Gladys Berejiklian MP. Representative). as part of the event. The first Commonwealth Ministers - The Women and the Media luncheon was addressed by Helen Coonan and Rosemary Forum at the conference was Dame Quentin Bryce, Australia’s Crowley. chaired by Monica Attard, (Australia’s highest honour for first female Governor-General, Other participants at the winner of five Walkley Awards journalism) and participants who launched the Katrina Conference included Anna Bligh included Senator Marise Payne (Commonwealth Minister) and two of Australia’s leading female journalists - Bridget Glanville and feminist icon and author Eva Cox

Further reports of regional CWP activities received by the CPA Secretariat will be published in future issues of The Parliamentarian and at www.cpahq.org.

Left: Dame Quentin Bryce speaking at the CWP Australia Regional Conference in the New South Wales Parliament Strangers Dining Room. CWP Australia images by Sasha Dobles.

The Parliamentarian | 2015: Issue Three | 211 The Commonwealth Parliamentary Association (CPA) Publications

Available to CPA Members and Officials for purchase from the CPA Secretariat. Also available to members of the public.

CPA publications are available by contacting the CPA Secretariat by email: [email protected] or by post: CPA Secretariat, Suite 700, 7 Millbank, London SW1P 3JA, United Kingdom. Visit www.cpahq.org for further details.

212 | The Parliamentarian | 2015: Issue Three Parliamentary Report NEWS AND LEGISLATION FROM COMMONWEALTH PARLIAMENTS

THIRD READINGS

New Zealand Page 218

British Columbia, Canada Page 219

Québec, Canada Page 222

Australia Page 224

India Page 230

CANADA ELECTION OF Summer recess and Dissolution of Parliament NEW SPEAKER IN Page 220

With thanks to Parliamentary AUSTRALIA UNITED KINGDOM Report and Third Reading New members at the UK contributors: Stephen Boyd Page 226 (Parliament of Australia); Parliament and Budget 2015 Ravindra Garimella (Parliament Page 232 of India); Michael Dewing (Parliament of Canada); Luke Harris (Parliament of New Zealand); Dany Forest SRI LANKA NEW ZEALAND COMMONWEALTH (Assembly of Québec); Neil 19th Amendment passed in Budget 2015 and Retirement of Commonwealth Serjeant at Arms Iddawala (Parliament of Parliament th Sri Lanka); Helen Morrison long serving Clerk of the House gather for 600 anniversary (Legislative Assembly of Page 214 Page 216 Page 236 British Columbia); David Slater (Parliament of the United Kingdom).

The Parliamentarian | 2015: Issue Three | 213 PARLIAMENTARY REPORT SRI LANKA 19TH AMENDMENT PASSED IN SRI LANKA PARLIAMENT

19th Amendment passed; was the most significant factor • Ensuring the right of • the Finance Commission vesting more powers with the during the Presidential election the public to access to • the Delimitation Parliament campaign, which also led to the information Commission defeat of the previous ruling party • President to be responsible • the National Procurement Background (UPFA). Accordingly, the 19th to Parliament Commission. The 19th Amendment to the Amendment to the Constitutional • Limitation of number of All the above Commissions Constitution was a historic Bill was drafted, to disseminate Ministers other than the Election movement in Sri Lankan politics. certain powers of the Executive • Limitation of the power of Commission are responsible After long deliberations, the Presidency to the independent President to dissolve the and answerable to Parliament. President and the present commissions and the Parliament. Parliament Apart from that the Council shall Government could pass the 19th As the draft of the 19th • Prohibition of dual consider3 the recommendations Amendment Bill with a two-thirds Amendment was gazetted, 19 citizenship holders to be by the President for the majority in Parliament. petitions were received both in elected to Parliament appointments of: There had been long held favour and against. The Supreme • Establishment of National • the Chief Justice and the discussions for the removal of Court determined that the Bill Audit Commission and Judges of the Supreme the Executive Presidency from its was not inconsistent with the National Procurement Court introduction in 1978. Since then, Constitution and should be Commission • the President and the it had been a major vow in all passed with a special majority Judges of the Court of Presidential election campaigns as per the Article 82 (5) of Reintroduction of the Appeal but none could accomplish. the Constitution and certain Constitutional Council1 • the Members of the Judicial Therefore the introduction of the sections required to be agreed This is the most significant Service Commission (other 19th Amendment was considered upon through a referendum. feature of the 19th Amendment. than the Chairman) a historic event and was The sections which required As per the Amendment, the • the Attorney-General considered a major step taken summoning a referendum were Constitutional Council shall • the Auditor-General to strengthen the democracy of repealed from the draft and consist of ten members of which • the Inspector-General of the country as it was achieved taken for the second reading in seven of whom are Members of Police constitutionally following the Parliament. Parliament and the three of them • the Parliamentary recommendations of the The Second reading of the are civilians. The Prime Minister, Commissioner Supreme Court and also with the Bill was passed in House 215 the Speaker and the Leader for Administration consent of all political parties. in favour, 01 against. The Third of Opposition in Parliament (Ombudsman) The 17th and 18th Amendments Reading of the Bill was passed by are ex-officio members of the • the Secretary-General of to the Constitution paved the House, with a majority of two- Council where the Speaker is the Parliament. the way for the introduction thirds. A Division by name was Chairman. It is mandatory that the of the 19th Amendment. The taken (212 in favour; 1 against; 1 It is the responsibility of the recommendation is approved by 17th Amendment had made abstain; 10 absent) and the Bill Council to recommend2 to the the Council to proceed with the provisions for the establishment was passed with amendments. President, the most suitable appointment. of the Constitutional Council persons to be appointed as At the same time, the removal and independent commissions Key Features chairmen and members of, of any such appointed person and the 18th Amendment which The main features introduced by • the Election Commission shall be subject to the provisions was enacted during the previous the 19th Amendment include: • the Public Service made by the Constitution or government had replaced the • Reintroduction of the Commission any written law. When no such Constitutional Council with the Constitutional Council • the National Police provision prevails the President Parliamentary Council and had and empowering the Commission shall remove such person only if augmented the powers of the Commissions • the Audit Service approved by the Council. Thereby Executive President. • Reduction of the tenure Commission the powers vested with the In his election manifesto, of the President and the • the Human Rights President for appointing persons the President Maithripala Parliament Commission of Sri Lanka to the Independent Commissions Sirisena had pledged to restrict • Reintroduction of the two- • the Commission to and the stated high offices were the excessive powers vested term limit that a person can Investigate Allegations of imparted with the Constitutional with the Executive President. It hold office as President Bribery or Corruption Council.

214 | The Parliamentarian | 2015: Issue Three SRI LANKA

The term of office of the President and limitations on re-election The term of office of the President was reduced to five years and the two-term limitation of a person can hold the office as President, which was repealed by the 18th Amendment was re-introduced.

The Parliament and the Ministers The term of the Parliament was also reduced to five years. The number of Ministers was limited to 30 and the total of the non- cabinet ministers and deputy ministers was defined to be 45. The Parliament chamber But if the party with the majority decided to form a national The establishment of this empowering the Prime Minister and safeguard the power of government, the number of Commission aims to streamline as the head of the Cabinet. But Parliament.7 portfolios is still to be decided by the auditing process relevant the Supreme Court has ruled The 19th Amendment while Parliament. to government institutions and that, such provisions as well diluting the powers of the The Power of the President related projects. as the amendments which President empowered the to dissolve the Parliament at would alter the basic structure Parliament. The Independent any time on the completion of of the Constitution should be Commissions as well as the one year was amended to four National Procurement 5 summoned before a referendum.6 President shall be responsible years. But, in order to dissolve Commission This Commission is also Therefore, the President shall to the Parliament. Thereby the Parliament before the expiration newly established by the 19th remain the Head of the State, the Constitution itself highlighted the of the four years term, the Amendment. This was praised Head of the Executive and of the Supremacy of Parliament which President shall be requested to by all parties emphasizing Government and Commander-in- shall ensure the sovereignty of do so by a resolution passed with the importance of having an Chief of the Armed Forces. the citizen. two-thirds majority in Parliament. independent commission to The 19th Amendment It was also added that the make guidelines and monitor repealed the provision which References President should be responsible the procurement processes the government had for 1 CHAPTER VIIA of the to the Parliament. of government institutions. taking up urgent Bills. LLRC Constitution as amended by 19A Setting up this Commission recommendations had also 2 Article 41B National Audit Commission4 aims to reduce the corruption, suggested repealing the said 3 Article 41C A new National Audit wastage and irregularities in provision, which provided very 4 Article 153A -153H Commission was established any procurement process. limited access for the public 5 CHAPTER XIX B by the 19th Amendment. This Provisions have also been to interact with the Bill to be 6 Hansard Volume 234, Commission has the powers for made to strengthen the Bribery presented. Column 555-558 appointment, promotion, transfer, Commission by the inclusion of The Opposition in Parliament 7 Hansard Volume 234, disciplinary control and dismissal the new Chapter XIX A. was of the view that the Column 525, Column 905 of the members belonging to the Constitutional Council shall Sri Lanka State Audit Service. It also consist of Members of also has the power to make rules In brief The 19th Amendment Bill Parliament. They emphasized in accomplishing the said duties had suggested provisions to the view that the accountability subject to the policies determined further take away the powers of the Commissions could be by the Cabinet of Ministers. of Executive Presidency by also ensured by such representation

The Parliamentarian | 2015: Issue Three | 215 PARLIAMENTARY REPORT JURISDICTIONNEW ZEALAND NAME BUDGET 2015 AND RETIREMENT OF LONG SERVING CLERK OF THE HOUSE

Budget 2015 management by sleepwalk … social housing.” She explained that substantive input and analysis of the On 21 May 2015 the Minister of This is a Budget that manages the the legislation will “allow the Ministry implications.” Finance, Hon. Bill English MP decline … This is as good as it gets.” of Social Development to explore Budget 2015 also included (National) handed down the Ms Metiria Turei MP other arrangements, such as long- an immediate halt to the National-led government’s seventh (Co-Leader, Green Party) stated term fixed-price tenancies that meet NZ$1,000 ‘kick-start’ payment Budget. In his Budget Statement, that “the Prime Minister chose to do the needs of the Crown, provider, for the government-sponsored delivered to a full House, Mr English the barest minimum for the poorest and tenants.” superannuation scheme KiwiSaver. announced: “The economy has children and to abandon the hopes However, Mr Phil Twyford The Minister of Revenue, Hon. risen from deep recession to solid, of our younger generations.” MP (Labour) countered: “This Todd McClay MP (National) 3 percent growth.” He added: “New Rt Hon. Winston Peters MP government has been selling off said: “KiwiSaver was launched Zealand remains one of the faster- (Leader, New Zealand First) said: State houses all over the country over 7 years ago in different growing developed economies.” “This is a ‘Split Enz Budget’ … as without telling anybody.” circumstances.” He commented: Budget 2015 included the group Split Enz sang, ‘I see red, I Denis O’Rourke MP (New “The incentive payment … is no increased funding for education, see red, I see red.’.” Zealand First) said: “This legislation longer necessary.” health, research and development, Following the Budget allows the government to pretend Minister for the Environment, rural broadband, biosecurity, and Statement, the House sat under that it will provide social housing Hon. Dr Nick Smith MP (National) Māori suicide prevention, as well urgency for the introduction and more cheaply but, in fact, it will not. added: “It is now time to let the as a NZ$25 weekly payment for passing through all stages of four It will just push it off to somebody scheme be more about people beneficiary families with children. pieces of legislation pertaining to else. It will allow the government to saving for their own retirement and The Prime Minister, Rt Hon. key Budget measures. avoid full accountability for social less about government top-ups.” John Key MP (National) praised Speaking on the Social Housing housing.” However, Mr Grant Robertson the economic stewardship of Mr Reform (Flexible Purchasing and Ms Jan Logie MP (Green Party) MP (Labour) responded: “This English, saying: “I am proud to Remedial Matters) Bill, the Minister questioned the passing of the Bill is a broken promise … It steals have Bill English as the Minister for Social Housing, Hon. Paula under urgency: “This legislation NZ$1,000 from future generations.” of Finance of this country.” He Bennett MP (National) said: “The is passing without analysis Mr James Shaw MP (Green said: “The Budget was fair. It was government has embarked on an from Treasury and without any Party) highlighted that “New thoughtful. It was reasonable.” ambitious programme to improve Zealand is 22nd out of 24 OECD Speaking in support of the Budget, Hon. Te Ururoa Flavell MP (Co-Leader, Māori Party) congratulated Mr English “on working extremely well with the Māori Party leadership.” Hon. Peter Dunne MP (Leader, United Future) said: “This government, under the Leadership of the Prime Minister and the Minister of Finance, understands that the nature and role of government in a modern society has also shifted.” Opposing the Budget, Mr Andrew Little MP (Leader of the Opposition) moved an amendment expressing no-confidence in the government. He said: “This is a government that is demonstrating

216 | The Parliamentarian | 2015: Issue OneThree NEW ZEALAND

countries for saving.” Mr Shaw Ms Clare Curran MP (Labour) Retirement of Mary Harris, said: “Parliament is so much more accused the government of having questioned the way that the Clerk of the House of accessible to so many more people “no plan” and of “being completely previous funding has been Representatives as a result of [her] work.” unaccountable in passing this used. “Labour believes that there Ms Mary Harris QSO retired on Changes overseen by Ms legislation.” Speaking to the should be an inquiry into the Rural 3 July 2015 after a 28 year career Harris include the introduction immediate axing of the NZ$1,000 Broadband Initiative” she told the at Parliament, the last 7 years of of technological improvements, payment, Mr Fletcher Tabuteau House. which were as Clerk of the House such as the e-Committee software MP (New Zealand First) said: Ms Tracey Martin MP (Deputy of Representatives. now used by select committees. “There was no warning. There is no Leader, New Zealand First) agreed: On 1 July, the Prime Minister, She also played a key role in the fairness.” “It would be a good idea for the Rt Hon. John Key, MP, (National) introduction of simultaneous Speaking to the Commerce Commission to do an moved a motion in the House to translation of Te Reo Māori in the Telecommunications inquiry or a review of the NZ$300 recognize her retirement and years House, which Hon. Te Ururoa (Development Levy) Amendment million spend.” of service. Members spoke about Flavell MP (Co-Leader, Māori Bill, Minister for Communications, However, Ms Melissa Lee MP Ms Harris’ varied career, including a Party) acknowledged. He said Hon. Amy Adams MP (National) (National) disagreed, saying Labour stint as a professional violinist and that Ms Harris’ work has “enabled explained that the legislation “is the only party in this Parliament another representing New Zealand [him] to stand up … and to speak “highlights the government’s that is opposing this Bill… We in the 1982 Cricket World Cup. in the language of the parents and commitment to extending cannot wait for an inquiry.” Hon. Annette King MP forefathers.” enhanced connectivity to regional Four pieces of Budget (Labour) said that Ms Harris was a Also lauded were Ms Harris’ New Zealand.” She refuted legislation passed all stages on right-handed batswoman, “and that calm demeanour, encyclopaedic suggestions by Opposition MPs 21 May, in a sitting that lasted over is the only time that she has shown knowledge of procedure, and the that the levy is, for all intents thirty hours. Mr Andrew Little’s preference between the right and generous and professional advice and purposes, a new tax. She amendment failed to pass by 63 the left.” she has given to all members. concluded her address: “The Bill is votes to 58. Those who spoke praised Ms Hon. Peter Dunne MP (Leader, about letting us get on with making Harris’ significant contributions United Future) described her funding available for communities to parliamentary reform. Metiria “extraordinary ability to assess to improve their connectivity.” Turei MP (Co-Leader, Green Party) the situation and to offer advice.” Others mentioned her legendary poker face. Tracey Martin MP (Deputy Leader, New Zealand First) added: “…one of the things that I have discovered, or rediscovered, is that, actually, politicians come and go, but it is the public servants and people like [her] who actually hold our democracy together.” Ms Harris was New Zealand’s first female Clerk of the House and her career will be bookended by two Davids: David McGee, whom she succeeded as Clerk, and David Wilson, who will replace her. Mr Wilson’s parliamentary career started in 1994 and prior to being appointed Clerk, he served as a Clerk-Assistant responsible for the provision of secretariat services to the House. Mr Wilson is also president of the Australia and New Zealand Association of Clerks-at- the-Table.

Left: Ms Mary Harris, outgoing Clerk of the House pictured with her predecessor, David McGee, whom she succeeded as Clerk, and David Wilson, who will replace her.

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THIRD READING: NEW ZEALAND

Animal Welfare Amendment Bill and present in New Zealand at 65 in order to receive The Animal Welfare Amendment Bill passed its third superannuation. reading with unanimous support on 5 May 2015. It The Minister for Social Development, Hon. Anne makes changes to the Animal Welfare Act 1999 to Tolley MP (National) said: “This Bill will provide greater improve the clarity, enforceability, and transparency of flexibility for people who wish to live in the Cook Islands, Niue, New Zealand’s animal welfare system. and Tokelau. This government wants to recognize the great The Bill explicitly recognizes the sentience of animals, contribution that people from those Islands have made to places restrictions on the performance of surgical New Zealand.” She noted: “New Zealand superannuation is procedures, creates offences relating to wild animals, paid at a minimum of 50% after 10 years’ residence in New and enables regulations to be made regarding animal Zealand, rising to 100% after 20 years’ residence.” testing, offences, fees, surgical or painful procedures, New Zealand superannuation regulations were and matters relating to the exportation of live animals. already more generous for Pacific countries because of The Bill also bans cosmetic testing on animals. the Special Portability Arrangement. Ms Tolley explained Speaking at the third reading, Mr Stuart Smith that this “is designed to recognize that contribution that MP (National) said that the Bill “has a much greater Pacific peoples have made to New Zealand and the enforceability … I think that is really important because inability of Pacific countries and territories to fulfil the we too often see well-meaning Acts of Parliament reciprocal obligations necessary to conclude social with little enforceability or inappropriate penalties.” Ms security agreements with New Zealand.” Mojo Mathers MP (Green) said: “We can be proud Changes in the Bill are restricted to the Cook Islands, of the fact that New Zealand is now the first country in Niue and Tokelau because of New Zealand’s unique Australasia to ban cosmetic animal testing.” However, constitutional arrangements with those States. Tokelau Ms Mathers also said: “this Bill still represents a missed is a non-self-governing territory of New Zealand, and opportunity to get it right for the millions of animals the Cook Islands and Niue are self-governing, although suffering on factory farms.” citizens still have New Zealand citizenship. Hon. Trevor Mallard MP (Labour) also voiced Several Opposition parties called for provisions concerns about factory farming: “… we need to be in the Bill to go further. Ms Carmel Sepuloni MP aware that there is more and more focus on the way (Labour) said “Countries like Australia, the UK and the we treat our animals in a way that is similar to the way Netherlands … can access their pension without having that we treat our environment.” Richard Prosser MP to spend 5 years in New Zealand between the ages of (New Zealand First), while commending the Bill, noted 50 and 65 … If any citizens were going to be exempt also: “The issue of live exports for slaughter has not gone from that 5 year rule, it should be the three countries that away … New Zealand First is very much concerned that are actually part of the Realm of New Zealand.” such exports may be resumed and that the provision for An amendment in the name of Rt. Hon. Winston their resumption still exists under the Bill.” Peters MP (Leader, New Zealand First) would have The Minister for Primary Industries, Hon. Nathan removed the stipulation that people spend 5 years in Guy MP (National) acknowledged the contribution of New Zealand after turning 50 in order to be eligible Ms Mojo Mathers, who worked to secure cross-party for New Zealand superannuation, but it did not gain support for the ban on cosmetic testing on animals. Mr sufficient support. In support of the amendment, Mr Guy said: “… although New Zealand is now ranked first Su’a William Sio MP (Labour) said: “the land of equal by the global charity World Animal Protection, the Bill Aotearoa New Zealand should also include the Cook … is evidence that we will never be complacent. Our world- Islands … Niue and Tokelau.” MPs also noted the leading animal welfare laws are being made even stronger.” contributions of people from these nations to New Zealand’s efforts in World War I and World War II. Social Assistance (Portability to Cook Islands, Mr Stuart Smith MP (National) disagreed Niue and Tokelau) Bill with the amendment, saying: “In those countries we On 18 June 2015 the Social Assistance (Portability have agreements with … there is a provision known to Cook Islands, Niue, and Tokelau) Bill passed it third as totalization. That provision allows for reciprocal reading with unanimous support, allowing people payments of superannuation within those nations. That from the Cook Islands, Niue and Tokelau to receive does not apply in the Islands, because they are not able New Zealand superannuation in those countries once to pay their superannuation at the same rate.” they turn 65. Previously, people had to be resident

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THIRD READING: BRITISH COLUMBIA, CANADA

Liquefied Natural Gas Project Agreements Act The Ombudsperson wrote to the Committee The Liquefied Natural Gas Project Agreements Act expressing a number of concerns with respect sets out a framework for agreements entered into to the referral, including his authority to collect by government with industry for the development of the information necessary to conduct a thorough liquefied natural gas (LNG) resources in the province. public inquiry. To address this particular concern, It provides authority for the Minister of Finance, with the Committee wrote to the Minister of Justice the approval of the Lieutenant Governor in Council, and Attorney General requesting that government to enter into an LNG project agreement under which introduce legislation that would amend, on an urgent government provides an indemnity to a project basis, section 19(2) of the Ombudsperson Act proponent for any additional costs (above a certain that provides that persons bound by obligations of threshold) that result from a tax law change or a confidentiality or nondisclosure under an enactment greenhouse gas regulatory change. must not be required to supply any information to or Premier Christy Clark moved second reading answer any question put by the Ombudsperson in of the Bill and spoke to three principles on which the relation to that matter. project agreements are founded – ensuring British The Minister of Justice and Attorney General Columbians get a fair share of the benefits from subsequently introduced amendments that resource development, environmental protection and provide that section 19(2) does not apply to an fairness for investors and the business community. Ombudsperson investigation formally referred under During the debate, John Horgan, Leader of the section 10(3) and that the Ombudsperson can require Opposition stated that he did not support the bill due persons to furnish information despite any other to the maximum length of the term of the agreement enactment in order to investigate and report on a (25 years), insufficient guarantees around providing referred matter. jobs for British Columbians (including concern over The Minister of Justice and Attorney General potential use of temporary foreign workers) and characterized the amendments as being designed concerns as to whether First Nations had been to support a unanimous referral by the Committee adequately consulted and accommodated. to the Ombudsperson and provide certainty that The Liquefied Natural Gas Project Agreements Act the Ombudsperson has the necessary powers to received Third Reading on 21 July 2015 and came access information necessary to conduct a full into force on Royal Assent. investigation. The Opposition stated that it felt that the amendments would remove a significant obstacle to the Committee’s decision-making process on whether Ombudsperson Amendment Act, 2015 to make the referral, and as such supported the Bill. The Ombudsperson Amendment Act, 2015 gives The Ombudsperson Amendment Act 2015 authority to the Ombudsperson to collect confidential received Third Reading on 21 July 2015. information for the purposes of an investigation that has been referred to the Ombudsperson by the Legislative Assembly or a parliamentary committee. The need for this amendment arose during consideration by the Select Standing Committee of Finance and Government Services of a request from the Minister of Health for referral of a matter to the Ombudsperson pursuant to section 10(3) of the Ombudsperson Act. The Minister’s request, conveyed by letter to the Committee, proposed that the Ombudsperson should investigate the circumstances surrounding the termination of eight researchers within the Ministry of Health in 2012. A referral under section 10(3) of the Ombudsperson Act would be the first such referral to the Ombudsperson under that section of the Act from either the Legislative Assembly or a Committee.

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Summer recess and related to lobbying, collective of the Standing Orders. Among to the Royal Canadian Mounted Dissolution bargaining and legal activities, other things. Police (RCMP) for investigation. After a busy spring in as well as to employees PROC recommended that In his report, The Auditor Parliament, the House of receiving compensation over the threshold for disclosing General also recommended Commons adjourned on 19 C$100,000. gifts be lowered from C$500 creating an independent June 2015 and the Senate The Bill was passed by the to C$200 and that the same oversight body to oversee adjourned on 30 June. On 2 House of Commons in 2012 threshold apply to disclosing Senators’ expenses. August, Prime Minister Rt. and amended and passed in travel sponsored by third Hon. Stephen Harper MP the Senate in 2013 before it parties. Senate Reform asked Governor General died on the Order Paper. It was Other House of Commons The Supreme Court of Canada His Excellency the Rt. Hon. re-introduced in the Senate that Committees tabled reports on having ruled that establishing David Johnston to dissolve same year. At debate on Third interprovincial trade barriers, term limits for Senators or Parliament and call an election Reading, opposition Liberal the Canadian feature film changing the way in which for 19 October. The 78-day senators mounted a filibuster industry, terrorist financing, Senators are chosen requires election campaign is the against the Bill. North American relations the approval of seven of the longest since 1926, when On 26 June, the Speaker and defence, the effects of 10 provinces representing at 74 days elapsed between of the Senate, Hon. Leo electromagnetic radiation on least 50% of the population, dissolution and the election. Housakos ruled against a health, the forest sector and on 25 July Prime Minister Conservative motion to cut transition services for ill or Stephen Harper announced Legislation off debate. In an unusual injured veterans. a moratorium on Senate Before Parliament adjourned development, his ruling was Before the Senate appointments. He said that this for the summer, 27 bills appealed and overturned. adjourned, its Committees would force the provinces to received Royal Assent. Among In the House of Commons, tabled reports on matters come up with a plan to reform these was Bill C-51, the Anti- the Speaker’s rulings are not such as border security, the Senate. Aa at 27 July, there Terrorism Act 2015, which subject to appeal, but the Rules digital currency, Canada’s were 22 vacancies in the 105- had been the subject of much of the Senate allow Senators relations with Southeast Asia, seat Senate. debate. to appeal a Speaker’s ruling. the Canadian Broadcasting Parliament also passed The Senate went on to pass Corporation and bilingualism Changes in the Senate C-586, the Reform Act 2014, Bill C-377 and it received Royal among Canadian youth. On June 18, Senator Don which was introduced by Assent. Meredith was expelled from Conservative member Hon. Auditor General’s Report on the Conservative caucus Michael Chong MP. This Committee Reports Senators’ Expenses following allegations in the Private Member’s Bill gives In June 2015, the House On 9 June 2015, the Auditor media that he had a sexual the MPs in a party caucus the of Commons Standing General of Canada, Michael relationship with a 16-year-old power to launch a leadership Committee on Procedure and Ferguson, released the much- girl. review, as well as a greater say House Affairs (PROC) tabled anticipated results of an audit With the dissolution on expelling and readmitting two reports related to the of Senators’ expenses. He of the 41st Parliament, the members of the caucus. conduct of MPs. The House examined all the expenses suspensions of Senators Before the Senate concurred in both reports. of 116 Senators and former Pamela Wallin, Mike Duffy adjourned, it passed Bill One proposed the Senators and found that “the and Patrick Brazeau were C-377, an Act to amend the development of a code of oversight, accountability, and lifted. In November 2013, Income Tax Act (requirements conduct on preventing and transparency of Senators’ they were suspended for the for labour organizations). A addressing sexual harassment expenses was quite simply not remainder of the session controversial Private Member’s between MPs. It sets out adequate.” for claiming inappropriate Bill introduced by Conservative a process for dealing with In particular, he flagged 30 expenses. Russ Hiebert MP, it requires complaints. Senators and former Senators trade unions to disclose PROC’s other report dealt for having made inappropriate financial information, including with the Conflict of Interest claims and recommended that statements of disbursements Code for MPs, which forms part nine of these cases be referred

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Changes in the House of between the different security Prince Edward Island an end. The NDP, which had Commons services came to a head in Election never won an election in Alberta, In May, Patrick Brown MP, October 2014 when a lone In the 5 May provincial election took 53 of the 87 seats in the Conservative Member for gunman entered the Parliament in Prince Edward Island, legislature (a gain of 49) and the Barrie in Ontario, resigned Buildings, where a Canadian Premier Wade MacLauchlan Wildrose Party took 21 (a gain following his election as Leader soldier was shot dead. led the Liberal Party to its third of 16) to become the official of the provincial Progressive consecutive win, albeit with a opposition. The PCs, which Conservative Party. Mr. Brown Report of the Truth and reduced number of seats. held 70 seats at dissolution, was first elected to the House Reconciliation Commission The Liberals took 18 of were reduced to 10 seats. The of Commons in 2006. of Canada the 27 seats in the legislature Liberal Party and the Alberta Over 150 years, 150,000 (a loss of two), while the Party each took one seat. Leadership of the Bloc Aboriginal children were Progressive Conservative Party This was the latest event in Québécois removed from their homes, (PC) won eight seats (a gain of a momentous year in Alberta On 1 July, the Bloc Québécois often against their parents’ five) and the Green Party won politics. In August 2014, (BQ) chose its former leader, wishes and sent away to its first ever seat. At dissolution, Premier Allison Redford Gilles Duceppe, as its leader residential schools. There, they there was one independent and resigned over allegations of once again. Mr. Duceppe, who were dispossessed of their three seats were vacant. lavish spending. She was was first elected to the House language and their culture. In addition to the changes in replaced by former federal of Commons in 1997, was Many were subject to horrific the distribution of seats, there cabinet minister Hon. Jim defeated in the 2011 election, forms of abuse and at least were sizable changes in the Prentice. after which he resigned as 6,000 died while at school. parties’ share of the popular In October 2014, Ms. Notley leader of the BQ. He was A successful class-action vote. The Liberals dropped from became leader of the NDP. In replaced by Mario Beaulieu. lawsuit by former residential 51% in 2011 to 41% and the December 2014, the Leader of During 2014, two of the four BQ school students led to the the PCs fell from 40% to 37%. On the Wildrose Party, Danielle members left the caucus. In Indian Residential Schools the other hand, both the Green Smith and eight other members June, Mr. Beaulieu invited Mr. Settlement Agreement. In addition Party and the New Democratic crossed the floor to join Mr. Duceppe to return as leader. to providing compensation, Party (NDP) saw large increases Prentice’s government. Mr. Beaulieu will stay on as BQ the agreement called for the in their share of the popular In the run-up to the election, president and is running in the establishment of the Truth and vote since 2011, going from however, Ms. Smith lost the next election. Reconciliation Commission 3% to 11% and 4% to 11% nomination to run as a PC (TRC) with a mandate to learn respectively. Of these two candiate. Shortly before the Sentencing of a former the truth about what happened parties, however, only the Green election, the Wildrose Party Member in the schools and to inform all Party was able to translate chose former Conservative MP On 25 June, former Canadians of its findings. this increase into a seat in the Brian Jean as its Leader; he Conservative MP Dean Del In 2008, Prime Minister legislature. is now Leader of the Official Mastro was sentenced to one Stephen Harper delivered a Oppositon. Mr. Prentice won month in jail and four months formal apology in the House of Alberta Election a seat in the election, but of house arrest for exceeding Commons to former students In a stunning upset, on 6 May, resigned it and left public life the spending limits set out (80,000 of whom are still living), the NDP led by Rachel Notley shortly after the PCs were in the Canada Elections Act, their families, and communities. won a majority in the Alberta defeated. for failing to report a personal In 2009, the TRC was established provincial election, bringing contribution to his campaign under the chairmanship of the PC’s 44 years in power to and for submitting a falsified Justice Murray Sinclair. document. He resigned as MP On 2 June 2015, the TRC in November 2014. released its findings and calls to action. The TRC said that by Security in the Parliament trying to dispossess Aboriginal Precinct people of their culture, Canada With the passage of Bill C-59, had pursued a policy of cultural Economic Action Plan 2015 genocide. The TRC’s 94 calls Act, No. 1, on 23 June, the to action revolved around new Parliamentary Protective preserving language and Service was established. Led culture, promoting legal equity by the RCMP, it includes the and educating Canadians on former Senate and House of the residential schools and their Commons security services. impacts. Justice Sinclair said Long-expressed concerns these calls to action are a first about the lack of coordination step toward reconciliation.

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THIRD READING: QUÉBEC, CANADA

Between February and June 2015, the National has been built, acquired, restored or renovated Assembly of Québec passed 19 public bills, under a government housing assistance including 12 unanimously. program. The cooperative must maintain the social or community vocation of the building. In Abolishing regional health and social addition, disposing of the building or changing services agencies its vocation requires the Minister’s prior The National Assembly began its spring authorization. Lastly, in the event of the winding- sessional period on 10 February 2015. up of a cooperative, the balance of its assets Previously, at the Premier’s request, the must be devolved to a cooperative of the same Assembly had met for an extraordinary nature. sitting on 6 February to continue studying Bill 10, An Act to modify the organization and Implementation of certain provisions of governance of the health and social services the Budget Speech network, in particular by abolishing the regional Bill 28, An Act mainly to implement certain agencies. The Bill was passed at the end of the provisions of the Budget Speech of 4 June exceptional legislative procedure provided for in 2014 and return to a balanced budget in the National Assembly’s Standing Orders. 2015–2016, was passed at an extraordinary Under the Act, each health region’s health sitting on 20 April 2015, at the end of the and social services agency is amalgamated exceptional legislative procedure provided for with all of that region’s public institutions to in the Standing Orders. The Act sets out various create an integrated health and social services measures aimed at putting the State’s finances centre. However, the Gaspésie–Îles-de-la- in order and achieving a zero deficit for the Madeleine, Montérégie and Montréal regions 2015–2016 fiscal year, and amends several will have two, three and five integrated centres, Acts in various fields of State activity. respectively. The Act’s most significant measures include The Act creates 13 integrated health and giving the Minister of Finance responsibility social services centres (CISSS) and nine for preparing and publishing a pre-election integrated university health and services report on the Government’s financial situation. centres (CIUSSS). The latter type of integrated Furthermore, the Auditor General must prepare centre is either located in a health region where a report on the plausibility of the forecasts and a university offers a complete undergraduate assumptions presented in the pre-election program in medicine or operates a centre report. designated as a university institute in the social The Act amends the Educational Childcare sector. The purpose of the Act is to facilitate Act in order to change the rules for determining and simplify public access to services and the contribution required from a parent improve the quality and safety of care, as whose child is receiving childcare from a well as make the network more efficient and subsidized childcare provider. Day care rates effective by creating institutions with a broader will vary based on family income. In addition, mission. Lastly, the Act implements a two-tier pharmacists’ remuneration is amended and management structure. local development centres (CLD) and regional conferences of elected officers (CRE) are Amendments to the Cooperatives Act abolished. The Assembly unanimously passed Bill 19, An Act to amend the Cooperatives Act and other legislative provisions. Among other things, the Act specifies that sums devolved to a cooperative must be allocated to the cooperative’s reserve and that the reserve may not be drawn upon in any manner. The Act also introduces measures to protect the patrimony of housing cooperatives a building of which

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Amendments to various legislative Reorganization of certain labour provisions institutions The Assembly unanimously passed Bill 36, Bill 42, An Act to group the Commission de An Act to amend various legislative provisions l’équité salariale, the Commission des normes mainly concerning shared transportation. du travail and the Commission de la santé et One of the purposes of the Act is to de la sécurité du travail and to establish the allow the Government to determine the date Administrative Labour Tribunal, was passed. and terms of the transfer to the Société de This Act creates the Commission des normes, Transport de Montréal of property relating to de l’équité, de la santé et de la sécurité du any subway system extension the Agence travail by grouping three existing bodies. Métropolitaine de Transport is in charge of The Act also establishes the Administrative planning, carrying out and executing. Moreover, Labour Tribunal. The Act defines the Tribunal’s the Act gives the Minister of Transport the jurisdiction, provides for the rules of procedure power to implement pilot projects to improve that are to apply to the matters it is to hear, taxi transportation services in Québec. establishes the framework applicable to The Act also authorizes public transit Tribunal members and in particular to their authorities to become associated. They can recruitment and appointment, and sets the now apply for a non-profit organization to be rules that are to govern the conduct of the constituted for the main purpose of making Tribunal’s business. The Act comes into force accessible goods and services they need to on 1 January 2016, except certain sections. carry out their mission. For example, it will be possible for authorities to bundle procurement Other bills being studied of buses. On 12 June 2015, the National Assembly’s spring sessional period ended. Proceedings will Caisse de dépôt et placement du resume in September with the examination of Québec to carry out infrastructure Bill 59, An Act to enact the Act to prevent and projects combat hate speech, speech inciting violence Bill 38, An Act to allow the Caisse de and to amend various legislative provisions to dépôt et placement du Québec to carry out better protect individuals; and Bill 62, An Act to infrastructure projects, was passed on 12 June foster adherence to State religious neutrality 2015. and to provide a framework for religious Under the Act, the Minister of Transport, accommodation requests in certain bodies. when authorized by the Government, can enter into an agreement with the Caisse de dépôt et placement du Québec to mandate the latter to manage and carry out projects to develop new shared transportation infrastructures. Created in 1965, the Caisse de Québec is one of the most important institutional fund managers in North America. It manages capital primarily for public and parapublic pension and insurance plans. Under the Act, the Government defines the needs to be met and authorizes the solution to be implemented from among the various options proposed by the Caisse. It has full authority over each project that is the subject of such an agreement and may set rates for using the shared transportation infrastructure concerned.

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THIRD READING: AUSTRALIA

Norfolk Island Legislation Amendment position, Mr Briggs advised that “the Australian Mr Briggs advised that these measures have Act 2015 Government has provided in excess of A$40 been accepted by the Federal Government. He The Norfolk Island Legislation Amendment Act million in assistance since 2010 to keep stated that “following the bill’s commencement, introduces a range of measures for Norfolk essential services operating.” the Norfolk Island Legislative Assembly and Island, a small island community of 1,800 Mr Briggs stated that the legislation Executive Council will be dissolved, and a people off the coast of Australia. introduces “structural reforms to ensure Norfolk local advisory council appointed to represent The Joint Standing Committee on the Island’s sustainability. In relation to social community views.” National Capital and External Territories has security measures, older Australians will have Mr Briggs concluded that “these changes over a number of years produced a series of access to the age pension, families will be able will bring Norfolk Island in line with other parliamentary reports arguing the case for to access a range of support payments and the Australian communities and ensure services greater accountability and the need to bring community will also have access to Medicare are delivered to a modern standard by the Norfolk Island within the Australian taxation and and the Pharmaceutical Benefits Scheme and appropriate level of government.” welfare system to ensure its future financial will no longer pay a separate Norfolk Island The legislation was supported by the viability. healthcare levy, which unfairly targets low- Labor opposition. The Shadow Minister for The Minister for Regional Infrastructure income earners.” Infrastructure and Transport, Hon. Anthony and Regional Development, Hon. Jamie In relation to taxation, Mr Briggs noted that Albanese MP, however, noted that “there is Briggs MP noted that “under arrangements “Federal taxes will replace a range of inefficient no doubt that some elements of this legislation established in 1979, the Norfolk Island taxes and charges currently levied by the Norfolk are controversial and I have had some contact government is required to deliver all local, state Island government.” with Norfolk Islanders who are concerned about and many federal services - more than any other However, the most contentious measure parts of this legislation. I say to the government: government in Australia.” is the reforms to governance arrangements. there is a need for ongoing consultation as these He stated that “it is not reasonable to expect Mr Briggs noted that the “Joint Standing changes are implemented. Change is always such a small and remote community to deliver Committee on the National Capital and difficult. This process, though, is the outcome of these responsibilities effectively. It is no surprise External Territories concluded that governance considerable consultation up to this point.” that services on Norfolk Island are now well and economic reform must occur together to Some groups on Norfolk Island are opposed below the standard Australians typically expect. give the community the greatest chance of to the reforms and, in particular, the measure In fact, there is almost a complete absence of recovery. The committee’s strong and bipartisan to dissolve the Norfolk Island Legislative the health and social services most Australian’s recommendation was that the Norfolk Island Assembly. take for granted.” Legislative Assembly be transitioned to a The Norfolk Island People for Democracy In relation to Norfolk Island’s financial regional council.” noted “its intention to pursue the right of

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the Norfolk Island People to an Act of Self Defence Legislation Amendment so. The complexity and inflexibility of current Determination; a right first afforded to all of the (Military Justice Enhancements arrangements do not provide that support. people of the world living in non self-governing Inspector-General ADF) Act 2015 I am also conscious of the need for robust, territories by the United Nations in 1960, and The legislation strengthens and clarifies the professional, credible and independent oversight a right which the Australian Government has independence, powers and privileges of the of the military justice system.” systematically and continually refused to extend Inspector-General Australian Defence Force Senator Fifield commented that it was to the Norfolk Island People.” (ADF) and provides a statutory basis to support essential that complex and sensitive matters On 27 May 2015, the Speaker of the regulatory change including the re-allocation of concerning the Defence Force such as the House of Representatives, the Hon. Bronwyn responsibility for investigation of service-related death of ADF members be subject to efficient Bishop MP advised the House that she deaths. and specialised internal inquiry and review. had received a remonstrance passed by The Manager of Government Business The Shadow Minister for Defence, Senator the Legislative Assembly of Norfolk Island in the Senate, Senator Hon. Mitch Hon. Stephen Conroy noted Labor’s support requesting that the Parliament “affirm the Fifield stated that the legislation provides commenting that the legislation “continues rights of the people of Norfolk Island to self- “transparency, predictability and accountability the bipartisan approach to reforming the government.” Copies of the remonstrance were in decision making affecting Australian Defence military justice system that has been pursued placed on the table and the full terms were Force members. It will do this by enhancing by successive governments. It entrenches the recorded in the Votes and Proceedings and the independence of the Inspector-General independence of the Inspector-General by Hansard. of the Australian Defence Force and enabling separating it from the military chain of command. Similarly, on 15 June, the Acting Deputy regulatory reform of the Australian Defence It also enables the Inspector-General to be President, Senator Dean Smith tabled Force’s redress of grievance, investigation and used to investigate a broad range of matters as the remonstrance in the Senate. The Senate inquiry practices.” requested by the minister.” Procedural Information Bulletin noted that Senator Fifield advised that “following Senator Conroy noted that “by separating “remonstrances, or expressions of significant detailed review of Defence’s system of the Inspector-General from the military chain of grievances, have a noble parliamentary inquiry, investigation, review and audit, the command, the Bill ensures that the Inspector- history, including the Grand Remonstrance of Australian Defence Force concluded its General cannot be forced or ordered down an 1642 which detailed numerous grievances current arrangements for these processes avenue that he or she considers inappropriate. against Charles I and proposed remedies. are unnecessarily complex, inefficient and This greater independence provides our Remonstrances have been presented to the legalistic. I am conscious of the need to support Defence Force the ability to investigate failures Senate on two previous occasions by the commanders to make good decisions, not or flaws in the military justice system and Northern Territory Legislative Assembly.” to impede or discourage them from doing administrative processes.”

The Parliamentarian | 2015: Issue Three | 225 PARLIAMENTARY REPORT AUSTRALIA ELECTION OF THE SPEAKER AND NEW BUDGET MEASURES

Tony Smith MP elected as however, a mutual obligation for the battle of ideas and ideals. the custodian of the traditions Speaker of the House of between presiding officers and I make that point because often of this House. Your job is to Representatives individual members. I want to people say parliament should maintain order in this House On 10 August 2015, Hon. Tony say at the outset that I will give not be robust. It should, but it by commanding the respect Smith MP was elected as the a fair go to all on the floor of need not be rude and it need of both sides of the chamber. 30th Speaker of the House of this chamber. But in return I not be loud. That is something I am confident, based on our Representatives following the do expect a level of discourse I would like to see improve. I friendship and comradeship resignation of Hon. Bronwyn that reflects that.” In particular, cannot do that, but together we going back some quarter of Bishop MP who resigned Mr Smith commented that all can. I wanted to make that a century that this is exactly following intense scrutiny of her “Parliament is a robust place. point at the opening.” what you will do.” The Leader travel allowance expenses. It should be a robust place. It The Prime Minister, Hon. of the Opposition, Hon. Bill Mr Smith, 48, is the Liberal is where we battle our view of a Tony Abbott MP commented Shorten MP congratulated member for the Melbourne seat better Australia. It is the arena that “as the Speaker, you Sir are Mr Smith and commented of Casey and was first elected to the House of Representatives in 2001. Mr Smith indicated that he was committed to bringing more balance and independence to the role of the Speakership. His first step in achieving this was to confirm that as Speaker he would no longer attend Liberal Party room meetings. Mr Smith in thanking the House for its support first noted the former Speaker commenting that “as everyone has done in this debate, I recognise the member for Mackellar, who I have known for nearly 30 years and who has been a wonderful servant of our party. I want to recognise her at the outset. I thank the House for the confidence you have placed in me. There is no greater honour within the parliament than to be elected by one’s peers.” Mr Smith noted that “I am a servant of this House and all of its members. There is,

Right: Tony Smith MP takes the Chair as the new Speaker of the House of Representatives. Image: Australian Parliament website.

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that “you have been chosen by about Ms Bishop’s travel By 2 August, with pressure Death of sitting member Mr your peers as the first officer expenses which was diverting mounting, Ms Bishop released a Don Randall, MP of the parliament, upholding time from his focus on statement advising that she had On 21 July 2015 the Liberal a tradition that began with the promoting his government’s written to the Governor-General Member for the Western parliament seven centuries ago policy agenda and attacking the and tendered her resignation Australian seat of Canning, and you bring to this position opposition. as Speaker. She stated that Donald James Randall MP a proud record of advocating On 20 July the Prime “I have not taken this decision died unexpectedly at age 62. for a more accountable, more Minister stated that Ms Bishop lightly, however it is because Mr Randall was first elected representative Australian was on ‘probation’ although of my love and respect for the to the House of Representatives democracy, particularly in this seemed to confuse institution of the Parliament for the seat of Swan between your role as chairman of the matters further as it was and the Australian people that I 1996 and 1998 and then was Joint Standing Committee on not clear what this meant. have resigned as Speaker.” She elected to the seat of Canning Electoral Matters.” Mr Shorten Following this announcement, noted that she would continue from 2001. He leaves behind noted that “regardless of further information about Ms to serve as the local Member for his wife Julie and children Tess previous political allegiance, Bishop’s travel expenses was Mackellar. and Elliot. we welcome the Speaker’s scrutinised. Following the election of On 10 August the Prime commitment not to attend their On 24 July it was revealed the new Speaker, Mr Abbott Minister, Hon. Tony Abbott MP party’s room meetings. Today is that in 2006 she charged referred to Ms Bishop noting moved a condolence motion in a chance to lift the standards of taxpayers A$600 to attend the that “it should be said of the the House of Representatives. this parliament, to return them to wedding of her colleague and member for Mackellar that, The President of the Senate, a level which Australians rightly former member Ms Sophie despite some admitted errors Senator Hon. Stephen Parry expect of their representatives— Mirabella. Ms Bishop’s office of judgement, she has served informed the Senate of the not just improving behaviour claimed that in addition to this parliament, our country and death of Mr Randall. but lifting the standard of attending the wedding she her party with dedication and During debate in the House accountability.” was in Albury on parliamentary distinction for over 30 years. of Representatives, Mr Abbott business as the Chair of the She has been a warrior for the stated that “Don Randall was a Speaker Bronwyn Bishop Family and Human Services causes that she believes in.” man who had kept bees, tended resigns committee. The Leader of the roses, caught rabbits, played On 2 August 2015 the On 29 July the Minister Opposition, Hon. Bill Shorten the violin and trained horses. Speaker of the House of for Communications, Hon. MP noted that “for all our He had more than a passing Representatives, the Hon. Malcolm Turnbull MP noted on clashes with the former interest in footy, golf and good Bronwyn Bishop MP resigned Twitter that he had paid A$12 to Speaker, we wish her well.” wine. Along the way he had been following intense scrutiny of her take a train from Melbourne to Ms Bishop joins only a a jackaroo, a rodeo rider and a travel allowance expenses. Geelong to inspect the National few number of Speakers that local government councillor. For On 15 July it was revealed Broadband Network rollout. have resigned in controversial 20 years he was a teacher; his that Ms Bishop spent A$5,200 On 30 July Ms Bishop circumstances. work included helping children chartering a helicopter for a formally apologised for letting In October 2012 the then with intellectual disabilities. return trip between Melbourne down the Australian people Speaker, Hon. Peter Slipper All of this reflected a natural and Geelong to attend a Liberal although she stopped short of MP resigned amid allegations inquisitiveness and an interest party fundraiser. This trip would resigning. of sexual harassment against in people that made him well normally take just over an hour The Leader of Opposition a former staff member, Mr suited to public life.” by car. Business, Hon Tony Burke James Ashby and the misuse Mr Abbott noted that “Don’s The Treasurer, Hon. Joe MP rejected the apology of cab charges. During the trial motto in the electorate was, Hockey MP when asked about noting that Labor would thousands of text messages ‘You talk, I listen.’ Over here, the expense claim noted that disrupt parliamentary business between Mr Slipper and Mr especially in the party room, it did not pass the ‘sniff test’. unless Ms Bishop resigned. Ashby were made public as it was sometimes a case of, On 16 July Ms Bishop agreed Mr Burke stated that “any part of the sexual harassment ‘I’ll talk, you listen’—at least to pay back the money plus level of cooperation that the case against Mr Slipper. These to leaders. He was fearless, a 25% penalty. However, the Government ordinarily relies on messages revealed highly absolutely fearless, and matter did not rest there. The is gone if we have a situation explicit and sexist comments utterly impervious to political opposition referred the matter where Bronwyn Bishop’s still in about women. correctness, but he did have a to the Australian Federal Police the chair.” In the wake of Ms Bishop’s natural affinity with people.” which responded that the On 1 August it was revealed expense controversy, Mr Abbott The Leader of the matter should be dealt with by that Ms Bishop spent A$6,000 announced that there would be Opposition, Hon. Bill Shorten the Department of Finance. chartering a plane for a 160km a ‘root and branch’ review of the MP noted that “there was, The Prime Minister, Hon. trip from Sydney to Nowra in entitlements system. of course, much on which Tony Abbott MP received 2014. Don Randall and the Labor increasing media attention Party disagreed, often very

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deeply. But, personally, not for for 2014-15 which is forecast to that there would be no new one moment did I doubt the increase to 2½% for 2015-16. taxes on superannuation. For strength of his convictions or his Mr Hockey noted the those people reliant on the Age advocacy. He was, as the Prime economic challenges faced by Pension, Mr Hockey noted that Minister says, his own man Australia include a dramatic this would continue to increase, and acted in line with his own fall in iron ore prices, weaker twice a year at the highest views. I note from my personal than expected global demand available indexation rate. conversations with Don Randall and falling revenue. Mr Hockey The Age Pension at an that he had many sides - some stated that “even in the face of annual cost of A$44 billion is are well known, such as his the largest fall in our terms of the Budget’s biggest item of fierce love of family; some less trade in half a century, which expenditure. In order to ensure well known, such as his abiding has contributed to a significant that the pension is sustainable interest in special education. I fall in tax receipts, our economic over time, Mr Hockey regret now that I never followed plan has helped Australia to announced that “from 1 January up his invitation for Gary Gray have one of the fastest growing 2017, we will make changes that and I to have lunch with him economies in the developed benefit pensioners with fewer and his great mate Steve Irons. world.” assets beyond the family home. Perhaps there is a lesson for One of the focus areas for But we will also tighten eligibility all of us not to always waste the government is assisting for those pensioners with higher so much energy upon our small businesses to grow and levels of assets.” disagreements.” invest. Mr Hockey announced The Leader of the that “from 1 July this year, small Opposition, Hon. Bill Shorten Australian Federal companies with annual turnover MP in his Budget reply Budget 2015 of less than A$2 million will have speech commented that “the On 12 May 2015 the Treasurer, their tax rate lowered, from 30% 2015 budget has neither the Hon. Joe Hockey MP to 28½%.” qualities nor the priorities of the delivered the second Budget Mr Hockey noted that this Australian people. Australians of the Abbott Liberal/National was the lowest company awaited this budget in fear, Government. Mr Hockey’s tax rate in almost 50 years. anticipation and hope - fear previous Budget was widely In addition to this measure, that the unfairness and cruelty condemned as harsh and unfair. Mr Hockey announced that of last year’s budget would As a result, the government small business can claim be repeated; anticipation that suffered a significant fall in an immediate tax deduction it might not; hope that the its electoral standing with for each and every item they government would at last, after many polls showing that the purchase up to A$20 000. 613 days, get the economy right. Labor Opposition could win Mr Hockey’s clear message But once again, in every way, an election. The 2015 Budget to small businesses was to this government let Australia sought to reverse this position expand, innovate and create down. The test for this budget by withdrawing unpopular new jobs. was to plan for the future, measures and introducing a Parts of Queensland and to lift productivity, to create range of spending proposals. New South Wales are in jobs, to boost investment, to Mr Hockey referred to his drought which is creating turbocharge confidence for the 2015 Budget as the ‘have a go significant pressure for years and decades ahead, to budget’. farming communities. Mr restore hope, but this budget The Australian economy Hockey announced that the fails every test.” is entering its 25th year of government would commit In relation to the size of economic expansion with over A$300 million in drought the government’s stimulus real GDP growth for 2015- assistance. In addition, to cope package, Mr Shorten 16 forecast to grow by 2¾% with future droughts, Mr Hockey commented that “the sum total rising to 3¼% in 2016-17. announced that “all farmers of this government’s stimulus is The underlying cash deficit will get an immediate tax a A$5.1 billion deposit against in 2015-16 is expected to be deduction for new investment in a A$96 billion withdrawal. Is A$35.1 billion which is 2.1% of water facilities and a three-year the Treasurer seriously asking GDP. The deficit is expected to depreciation allowance for all Australians to believe that this is reduce to A$6.9 billion by 2018- capital expenditure on fodder the best he can do in response 19. The unemployment rate storage assets.” to a A$96 billion withdrawal?” is hovering around 6¼%. The In relation to retirement Mr Shorten noted that “this consumer price index was 1¾ policy, Mr Hockey announced budget drops the ball on reform,

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change and fiscal sense. It is a Senate Budget Estimates progress on Defence Force a price on carbon emissions sorry rollcall: 17 new taxes; tax (25 May to 4 June 2015) investigations of abuse claims; from July 2012. Senator Milne at its highest level in a decade; Senate estimates are one of the submarine replacement was heavily involved with the the deficit doubled, up from the most effective instruments project; the potential for funds development of the carbon A$17 billion to A$35 billion since of the Australian Parliament to flow through charities to pricing mechanism and is highly the Treasurer’s last budget; for scrutinising and holding terrorist organisations; the scale regarded for her knowledge and spending outweighing revenue the executive to account. The of fraud in the Department of expertise. every year; over 800,000 former Leader of the Opposition Defence; multinational tax fraud; Shortly after Senator Milne Australians unemployed; and in the Senate, Hon. Senator possible criminal investigation announced her resignation as no plan to tackle the structural John Faulkner has described of events surrounding leader, Senator Richard Di deficit.” the process as the “best the Football Federation of Natale was elected unopposed Mr Shorten noted the impact accountability mechanism of Australia’s World Cup Bid; and as the new Leader of the of ‘bracket creep’ on personal any Australian parliament.” the impact of the new paid Australian Greens. Senator Di income tax rates. Mr Shorten There are eight Senate parental leave scheme on low- Natale is a trained doctor and commented that “bracket creep Legislative and General paid women. self-declared sporting tragic is the biggest driver of revenue Purpose Standing Committees who played football in the in his budget. The Treasurer which are responsible for eight Senator Christine Milne Victorian Football league for six should have told Australians subject areas ranging from Leader of the Australian years and loves to surf. Senator that, for every dollar that the community affairs through Greens retires Di Natale commented that government keeps in spending to rural and regional affairs. On 6 May 2015, the Leader of “I’ve always believed that the cuts, A$2 will be collected Departments and agencies, the Australian Greens Senator Greens are the natural home of through higher taxes. In a lazy by order of the Senate, are Christine Milne announced progressive mainstream voters. I budget, Tony Abbott and Joe allocated to these legislation that she was stepping down as look forward to working with my Hockey are getting inflation to committees. In addition to other leader immediately. colleagues to provide a caring do their dirty work. Eighty cents activities, these committees Senator Milne was elected voice for all Australians.” in every dollar and the rise in conduct the estimates hearings. to the Tasmanian Parliament revenue comes from bracket Budget estimates are held for in 1989 becoming Tasmania’s creep—the invisible hand in two weeks shortly after the first female political leader in the pocket of every Australian Commonwealth Budget is 1993. In 2004 she moved to worker.” presented in May. the Federal Parliament as a Mr Shorten noted that Supplementary Budget Senator for Tasmania. In 2008 Labor would support the estimates are held in October she was elected as Deputy Below: Senator Christine government’s measures to and Additional Estimates are Leader of the Australian Greens Milne, Leader of the support drought relief and held in February. Relevant under then Leader Senator Australian Green Party. support for small business. Senate ministers, together Bob Brown. In 2012 Senator In relation to the tax cut for with senior public servants Brown announced small businesses, Mr Shorten appear before the relevant his retirement and stated that “a 1½% cut for small committees to explain Senator Milne was businesses might be enough to expenditure proposals and to elected as the new generate a headline but it is not answer questions concerning Leader. enough to generate the long- the effectiveness and efficiency Senator Milne term confidence and growth our of various programs. Ministers was deputy Leader economy needs. Tonight I say: residing in the House of and Leader of the let’s go further—let’s give small Representatives are not called Greens during businesses the sustainable before Senate Estimates the period of the boost to confidence that they Committees. Labor minority deserve, the confidence to At the hearings between 25 government from create jobs. I invite you to work May and 4 June some of the 2010 to 2013. with me on a fair and fiscally issues canvassed included: the It was a pivotal responsible plan to reduce the cost of security upgrades at period for the tax rate for Australian small Parliament House; Bureau of Greens as they business from 30 to 25% - not a Meteorology views on climate signed a deal with 1½% cut; a 5% cut. That is the change and the development Labor to secure future. That is confidence.” of a new El Nino weather stable government event; quantities of crystal and implement methamphetamine arriving in key reforms Australia; possible electoral most notably the fraud in the federal seat of Indi; introduction of

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THIRD READING: INDIA

The Andhra Pradesh Reorganisation The Andhra Pradesh Reorganisation Act 1973 was amended by inserting section 3A (Amendment) Bill 2015 (Amendment) Bill 2015 was accordingly brought and the Mines and Minerals (Development and The Andhra Pradesh Reorganisation Act 2014 forward by the Government amending sections Regulation) Act 1957 was amended by substituting was enacted on the 1 March 2014 to provide for 22 and 23 of the Principal Act enhancing section 11A, thereby removing the restriction of end reorganisation of the State of Andhra Pradesh the number of seats of the Andhra Pradesh use from the eligibility to undertake coal mining, in into the State of Andhra Pradesh and the State Legislative Council from the existing 50 to 58. the national interest. of Telangana. Sub-section (1) of section 22 of This measure also amended entry of the Third In order to implement the judgement and the Act provides for a Legislative Council for Schedule to the Representation of the People order of the Supreme Court and to address the each of the successor States consisting of not Act, 1950. The measure, since it sought to rectify above objectives, an Ordinance namely, the Coal more than 50 members in the Legislative Council a statutory anomaly, found unanimous support Mines (Special Provisions) Ordinance 2014 was of Andhra Pradesh and 40 members in the from all sections of the House. promulgated by the President on 21 October Legislative Council of Telangana in accordance The Bill was passed by Lok Sabha on 17 March 2014 under article 123 of the Constitution. with the provisions contained in article 169 of and by Rajya Sabha on 20 March 2015. The Bill To replace the said Ordinance, the Coal Mines the Constitution. Sub-section (2) of section 22 as passed by both Houses of Parliament was (Special Provisions) Bill 2014 was introduced in provides that the existing Legislative Council of assented to by the President on 30 March 2015. Lok Sabha on 10 December 2014. The said Bill the State of Andhra Pradesh shall, on and from had been passed by Lok Sabha on 12 December the appointed day, be deemed to have been The Coal Mines (Special Provisions) Bill 2015 2014 and was pending in Rajya Sabha. constituted as two Legislative Councils of the The Supreme Court of India in Writ Petition In pursuance of the Coal Mines (Special successor States and the existing members shall (Criminal) No. 120 of 2012 (Manoharlal Sharma Vs. Provisions) Ordinance 2014, actions had been be allotted to the Councils as specified in the Principal Secretary & Ors.) and Writ Petition (Civil) initiated by the Central Government including the Fourth Schedule to the Act. No. 463 of 2012 (Common Cause Vs. UOI & Ors.) framing of Rules for allocation of Coal Mines and According to section 23 of the Act, there shall and other connected Public Interest Litigations, therefore, it was considered necessary to give be 50 seats in the Legislative Council of Andhra vide its judgement dated 25 August 2014 had continuity to the provisions of the said Ordinance Pradesh and 40 seats in the Legislative Council held that allocations of the coal blocks made and save the actions taken thereunder. of Telangana, respectively. The said section also through Screening Committee and Government Since Parliament was not in session and amended entry 1 of the Third Schedule to the Dispensation route as arbitrary and illegal. the President was satisfied that circumstances Representation of the People Act, 1950 so as to The Supreme Court pronounced its order on existed which rendered it necessary for him to provide the composition of the Andhra Pradesh 24 September 2014 cancelling allocation of 204 take immediate action, the Coal Mines (Special Legislative Council. coal blocks out of a total of 218 allocated since Provision) Second Ordinance, 2014 was Clause (1) of article 171 of the Constitution 1993. In case of 42 coal blocks (37 producing promulgated on 26 December 2014 under provides that the total number of members in and 05 ready to produce), cancellation was clause (1) of article 123 of the Constitution. the Legislative Council of a State having such slated to take effect from 31 March 2015 and in Under the circumstances, the Government a Council shall not exceed one-third of the total respect of the others, with immediate effect. The proposed to introduce the Coal Mines (Special number of members in the Legislative Assembly Court had also directed that an additional levy Provisions) Bill 2015, to replace the Coal Mines of that State. However, the total number of of Rs. 295/- per metric ton be paid by these 42 (Special Provision) Second Ordinance 2014. members in the Legislative Council of a State coal block allocatees for the coal extracted since Salient Features of Amending Bill – the shall in no case be less than forty. At that point, commencement of production till 31 March 2015. Amending Bill provides for: the successor States of Andhra Pradesh and In light of the judgement and order of the • Allocation of coal mines and vesting of the Telangana were having 175 and 119 seats Supreme Court, it was considered expedient in right, title and interest in and over the land respectively in their Legislative Assemblies. The the public interest by the Central Government to and mine infrastructure together with mining State of Telangana had already been allocated take immediate action so as to ensure energy leases to successful bidders and allottees 40 seats in the Legislative Council (i.e. one-third security of the country. The need for promulgation through a transparent bidding process with of 119 seats). Since, one-third of 175 seats in of the Ordinance was felt to overcome the acute a view to ensure continuity in coal mining the Legislative Assembly of the State of Andhra shortage of coal in core sectors such as steel, operations and production of coal and Pradesh comes to 58, it was proposed to amend cement and power utilities, which are vital for the for promoting optimum utilisation of coal sections 22 and 23 of the Act to enhance development of the country. Further, to mitigate the resources consistent with the requirement of the number of seats of the Andhra Pradesh hardships on household consumers, medium and the country in national interest. Legislative Council from the existing 50 to 58 small enterprises, cottage industries, as well as to • Having regard to the coordinated and members and to amend entry 1 of the Third overcome the overall shortage of coal in the country scientific development and utilisation of Schedule to the Representation of the People and augment its production by allocating coal mines coal resources consistent with the growing Act, 1950 accordingly. to new allocatees, the Coal Mines (Nationalisation) requirement of the country, it had been

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prescribed the condition to rationalise consultations preceded the finalization of the draft country; and the coal sector for mining operations, of the Bill. It was, thereafter, intensively scrutinized (vi) Attracting private investment and the latest consumption and sale. by the Standing Committee on Coal and Steel technology. Debate: The Bill had in-depth deliberations in who gave their Report in May 2013. However, the Salient Features of the Bill: In the Ordinance both Houses of Parliament. Some of the issues Bill could not be passed before the dissolution of replacing Amending Bill, the key provisions which which emerged were: the 15th Lok Sabha and consequently lapsed. have been made as under: • the issue of the problem of land acquisition The mining sector had been subjected • Removal of discretion; auction to be sole after auction of mines needs to be to numerous litigations in the past few years. method of allotment: The amendment addressed. Important judgements related to the mining sector seeks to bring in utmost transparency by • the State Governments should be given had been pronounced by the Supreme Court, introducing auction mechanism for the grant priority during allocation of coal blocks. besides judgements on the issue of allocation of of mineral concessions. • there need to be provisions for addressing natural resources which have direct relevance to • Impetus to the mining sector: The mining concerns of Scheduled Tribes and farmers. the grant of mineral concessions. industry has been aggrieved due to the The Minister in-charge of the Bill assured to The present legal framework of MMDR Act second and subsequent renewals remaining address concerns of the Members. The Minister 1957, does not permit the auctioning of mineral pending. In fact, this has led to closure of stated that the Government would like to see Coal concessions. Auctioning of mineral concessions a large number of mines. Provisions have India as a single company. Through restructuring, would improve transparency in allocation. It been made that mining leases would be the Government would introduce new technology, emerged that the Government would also deemed to be extended from the date of increase production, make operations smooth get an increased share of the value of mineral their last renewal to 31 March 2030 (in the and increase the safety standards as well as the resources. Some provisions of the law relating to case of captive mines) and until 31 March wages of the workers. The Minister assured that renewals of mineral concessions had also been 2020 (for the merchant miners) or until the the Government in the coming days would work found to be wanting in enabling quick decisions. completion of the renewal already granted, if out ways to provide better facilities to the workers Consequently, there had been a slowdown in any, or a period of fifty years from the date of and those displaced. The Minister also assured the grant of new concessions and the renewal grant of such leave, whichever is later. that all the decisions of the Government have of existing ones. As a result, the mining sector • Safeguarding interest of affected persons: been taken with the coordination of Ministries started registering a decline in production There is provision to establish District of Steel, Commerce, Mines, Law and Finance. affecting the manufacturing sector which Mineral Foundation in the districts affected The Minister also assured that suggestions of largely depends on the raw material provided by by mining related activities. members would also be implemented. mining sector. The Government had, therefore, • Provisions have been made with regard to The Bill was passed by Lok Sabha on 4 March felt it necessary to address the immediate encouraging exploration and investment: 2015 and by Rajya Sabha on 20 March 2015. The Bill requirements of the mining sector and also to It has been provided to set up a National as passed by both Houses of Parliament was assented remedy the basic structural defects that underlie Mineral Exploration Trust created out of to by the President of India on 30 March 2015. the current impasse. contributions from the mining lease holders, In view of the urgent need to address these in order to have a dedicated fund for The Mines and Minerals (Development problems, the Mines and Minerals (Development encouraging exploration in the country. and Regulation) Bill, 2015 and Regulation) Amendment Ordinance • Stronger provisions have been provided for The Mines and Minerals (Development and 2015 was promulgated on 12 January 2015. checking illegal mining Regulation) Act 1957 (MMDR Act) is the Central Consequently, the Government brought Debate: There had been a constructive debate Act which governs the development and regulation forward the Mines and Minerals (Development on the Bill in both Houses of Parliament. Members of mines and minerals in terms of the powers and Regulation) Amendment Bill 2015. This dwelt upon in-depth and critical details pertaining vested in the Central Government. The provisions Ordinance replacing Bill was designed to put in to the measure. The Minister in-charge of the Bill of the MMDR Act extend to the whole of India. place mechanism for: stated that the Bill will end discretionary powers State Governments have to regulate the mines (i) Eliminating discretion; completely, there would be transparency in the and minerals in terms of the MMDR Act. The Act (ii) Improving transparency in the allocation of allocation, mining activities would get an impetus had been amended several times over the years, mineral resources; and exploration would be speeded up. The Bill was notably in 1972, 1986, 1994 and 1999. (iii) Simplifying procedures; passed by Lok Sabha on 3 March 2015 and by With a view to comprehensively amending (iv) Eliminating delay in administration, so as to Rajya Sabha on 20 March 2015 (Amendments the law governing the mineral sector, the Mines enable expeditious and optimum development of made by Rajya Sabha were agreed to by Lok and Minerals (Development and Regulation) Bill the mineral resources of the country; Sabha on 20 March 2015). The Bill as passed by 2011 (MMDR Bill, 2011) was introduced in the (v) Obtaining for the government an enhanced both Houses of Parliament was assented to by the Lok Sabha on 12 December 2011. Extensive share of the value of the mineral resources of the President of India on 26 March 2015.

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The State of the Parties MP, will be announced on 12 The New Against the expectations of September. Members many, who had expected a The biggest single change The new Parliament hung Parliament, the May 2015 to the new Parliament relative has a record General Election resulted to its predecessor came from number of female in a majority Conservative Scotland, where the Scottish MPs, 191 (29%), Government. Rt Hon. David National Party increased its up from 143 in Cameron MP (Con) returned representation from 6 to 56 out 2010. Research by as Prime Minister, with the of 59 Scottish constituencies. University College Conservative Party holding 330 In Wales, Plaid Cymru held their London and seats. Their erstwhile coalition three seats. In Northern Ireland, Birkbeck College partners – the Liberal Democrats the Democratic Unionist Party suggest that – were reduced to just 8 seats. and Social and Democratic (excluding Northern The former Deputy Prime Labour Party both maintained Ireland) there Minister, Rt Hon. Nick Clegg the same number of seats – 8 are 42 non-white MP, resigned as party leader and and 3 respectively. The Ulster MPs in the new was replaced by Tim Farron MP. Unionists gained two seats at Parliament. At 6.6% The main opposition party the expense of Sinn Fein and this is also a record remains the Labour Party, with the Alliance Party. Lady Hermon and compares to 232 seats. Their leader, Rt remains the only independent in 27 in the previous Hon. Edward Miliband MP, the House. Parliament. They also stood down following Despite winning 12.6% included the first the election. The results of a of the national vote, the UK MP of Chinese Above: The youngest UK MP leadership election, contested Independence Party won a and East Asian origin, the since the mid-19th Century, by Rt Hon. Andy Burnham MP, single seat; as did the Green Conservative Alan Mak MP. the new SNP member, Jeremy Corbyn MP, Liz Kendal Party with 3.8% of the vote. The average age of MPs has, Ms Mhairi Black MP. MP and Rt Hon. Yvette Cooper however, changed little. At 51 it

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is slightly on the older side (all Parliaments since 1979 have had an average age of 49-51) despite the presence of the youngest MP since the mid-19th Century, the new SNP member, Ms Mhairi Black MP.

The July 2015 Budget As is normal following a General Election, there were two Budgets this year. The first, in March, was the last Budget of the Coalition Government. The July 2015 Budget was the first Budget of the new Conservative Government. Both were delivered by the Chancellor of the Exchequer, Rt Hon. George Osbourne MP. The Chancellor began his Budget statement by saying: “This will be a Budget for working people—a Budget that sets out a plan for Britain for the next five years to keep moving us from a low wage, high tax, high welfare economy to the higher wage, lower tax, lower welfare country we intend to create.” The Chancellor reported that the UK was forecast to have the highest growth among major advanced economies in the world during 2015. He announced that the deficit was “less than half the 10% we inherited”. He said that in the 2015-2020 Parliament the Government would “cut the deficit at the same pace as we did in the last Parliament. We should not go faster; we should not go slower.” The most eye-catching and controversial changes in the Budget related to the minimum wage and welfare benefits. The Chancellor’s headline announcement was the introduction of a “national living wage” of £9 an hour for people aged 25 and over by 2020. Alongside this, he announced a series of reforms to welfare payments – limiting tax credit payments for children

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Speaking as Chair of the Government’s Welfare Reform Treasury Committee Rt Hon. and Work Bill becoming a key Andrew Tyrie MP (Con) drew issue in their leadership contest. attention to four economic In the end, all four candidates risks that he felt could threaten voted for a “reasoned growth – the potential for the amendment” that would have crisis in Greece to have an prevented the Bill having its impact on the UK economy, second reading, with Jeremy the possible of impact of a Corbyn also voting against the Chinese stock market crash, second reading itself once the the impact of domestic interest amendment had been defeated. rate rises and the high level of personal debt in the economy. English Votes for English He also addressed the need to Laws (EVEL) “unwind” the Bank of England’s The “West Lothian question” quantitative easing programme has been a running debate in and pressed for Parliament British politics since the 1970s. to have a role in scrutinising The question, posed by the whether that programme made then Member for West Lothian, a loss or profit. Approaching Tam Dalyell MP (Lab), asks his conclusion, he criticised why should Scottish, Welsh the Government for “tying and Northern Irish MPs be able its hands” through pre- to vote on matters that only election pledges on taxes and effect England when English spending. He said: “Almost MPs cannot vote on the same Above: The Acting Leader Responding for the half of public expenditure is issues when they relate to of the Opposition, Rt Hon. Opposition the acting Leader now ring-fenced by pledges to Scotland, Wales or Northern Harriet Harman MP, of the Labour Party, Rt Hon. protect or increase spending Ireland because they have been Harriet Harman MP, argued on health, schools, foreign aid, devolved. to two children per household, that the Chancellor’s package pensions and child benefit, and Making a statement to the reducing the “benefits cap” from of tax credit changes and living that, of course, excludes the House on 2 July 2015, the £26,000 to £23,000 in London wage would actually leave “low- defence announcement [that Leader of the House, Rt Hon. and £20,000 in the rest of the paid working people” worse off. the Government would spend Chris Grayling MP (Con), country, reducing the income She criticised the Government 2% of national GDP on defence said he intended to “make a threshold for tax credits from for “ducking” decisions on each year] that we have just real start in addressing these £6,420 to £3,850 a year and infrastructure – such as whether heard. While it is understandable concerns”. His proposals were removing universal credit work there should be a third runway on political grounds, it could intended to ensure that a Bill, allowances from non-disabled at Heathrow, for postponing make economic management provision in a Bill or piece of claimants without children. planned railway enhancements considerably more difficult in the secondary legislation relating Concluding his statement, and for taking other measures years ahead.” only to England could only be the Chancellor said: “This is the that she argued could improve Speaking for the Scottish approved if it were supported by first Conservative Budget for 18 UK productivity. She concluded: National Party, Stewart Hosie a majority of English MPs. The years. It was the Conservatives “Before the Chancellor makes MP, also focused on the UK’s proposal would, in effect, require who first protected working more promises, he has to deliver poor productivity record. a “double majority” to support people in the mills. It was the on those he has already made. He observed: “I hope the such measures – a majority of Conservatives who took great He says that he stands up for [Chancellor’s] plans to tackle all Members and a majority of steps towards state education. working people; what he does is productivity are rather more English Members. Concluding, It was the Conservatives who make them worse off. He says successful than the plans to the Leader of the House said: introduced equal votes for he has a long-term economic tackle the deficit and the debt “Today we are answering the women. It was the Conservatives plan; what he does is duck the and borrowing, where he failed West Lothian question and who gave working people the big infrastructure projects. He to meet every single one of the recognising the voice of England right to buy. So, of course, it talks one nation, but many of the targets he set for himself.” in our great union of nations. This is now the Conservatives who measures announced today will The focus on welfare and wages change is only a part of the wider are transforming welfare and make this country more divided. in the Budget debate set the devolution package, but it is a introducing the national living The hopes of millions of working tone for the early weeks of the vital next step in ensuring that wage. This is the party for the people are more important than Parliament, with an internal our constitutional settlement is working people of Britain.” his hopes of being the future Tory Labour Party debate about fair and fit for the future.” leader.” whether to vote against the

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The proposals gained support from many on the Conservative side of the House. For example, Rt Hon. John Redwood MP, said it addressed “the problem that devolution has posed” whereby Members of Scottish Parliament could vote for lower income tax in Scotland, whilst Scottish Members of Parliament voted for higher income tax for the rest of the UK. However, the proposals attracted hostility from the opposition parties. The Leader was also criticised for introducing them at speed and without cross-party consultation. The Shadow Leader of the House, Angela Eagle MP (Lab), described the Leader’s proposal for a debate before the summer recess as “an outrage” and described the proposals themselves as “rushed and partisan”. For the Scottish National Party, Pete Wishart MP described them as “constitutional bilge and unworkable garbage”. On 6 July 2015 the Speaker and the House agreed to a request by the Liberal Democrat Member, Alistair Carmichael MP to have an emergency debate on the proposals. The debate was held the following day. The debate took place on the neutral motion that “This House has considered the means by which the Government seeks to deliver the objectives outlined by the Leader of the House in his Statement on English Votes on English Laws.” Nonetheless, at the end of the debate the Opposition parties called a vote. The Government abstained from the vote and the motion was defeated by 291 votes to 2. The Government has since revised its proposals and intends to bring them back to the House at a later date.

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COMMONWEALTH SERJEANTS AT ARMS GATHER IN LONDON FOR 600TH ANNIVERSARY

Commonwealth Serjeants the post of Serjeant at Arms in On Monday 27 July a Service number of other anniversaries: at Arms gather in London for the UK Parliament’s House of was held at All Saint’s Church 50 years since Churchill’s death 600th anniversary Commons, in Wandsworth, London where (24 January 1965), 50 years since Serjeants at Arms from 50 Serjeants at Arms, there is a memorial plaque the first Race Relations Act (8 across the Commonwealth Ushers of the Black Rod and to the first Serjeant at Arms December 1965), 200 years gathered at the Association their equivalents from state in Westminster, Nicholas since the Battle of Waterloo (18 of Commonwealth Serjeants and national legislatures from Maudit. The Service was led June 1825), 600 years since the at Arms Conference 2015 across the Commonwealth by the Speaker’s chaplain, the Battle of Agincourt (25 October which was held in London as and the USA attended the Reverend Rose Hudson-Wilkin 1415) and 600 years since the part of the celebrations for Association of Commonwealth and included readings by the first Royal Serjeant at Arms was the 600th anniversary of the Serjeants at Arms Professional current Serjeant at Arms and appointed (1415). post of Serjeant at Arms in Development Conference 2015 Black Rod and an address by Throughout 2015, the UK the UK Parliament’s House of from 27-31 July. The purpose of local historian, Dorian Gerald Parliament is bringing these Commons. this conference was to provide as well as music performed by anniversaries to life through a Lawrence Ward*, the 40th an opportunity to discuss the the St Mary-at-Hill Choir. The year-long programme of public Serjeant at Arms at Westminster, shared experiences of managing Mayor of Wandsworth, Cllr Nicola engagement across the United discusses the anniversary and and supporting parliamentary Nardelli, and the local Member Kingdom, encouraging people outlines the ways in which the UK democracy. Delegates of Parliament and Government of all ages to come together Parliament marked the occasion. participated in regional group Minister, Jane Ellison MP also to mark and remember the meetings, workshops, field attended. movements and moments Marking the 600th visits and plenary sessions, that tell the story of the UK’s Anniversary and had tours of the Palace of Parliament in the Making democratic heritage. As part of the UK Parliament’s Westminster and the Elizabeth This year is momentous for the anniversary commemorations Tower. UK Houses of Parliament as we History of the Role of for the 600th anniversary of commemorate a series of major Serjeants at Arms anniversaries, The office of Serjeant at Arms including 800 dates back to 1415 and the reign years since of Henry V when the Serjeant the sealing of at Arms was responsible for Magna Carta carrying out the orders of the and the 750th UK’s House of Commons, anniversary including making arrests. of Simon de Today, the Serjeant at Arms Montfort’s in the UK Parliament is still representative appointed by the Monarch and parliament, is responsible for all aspects which paved of access to the House of the way for Commons and for security and the House of keeping order in the Chamber, Commons galleries, Committee rooms as we know it and all Commons’ areas of the today. parliamentary estate. There 2015 are also ceremonial aspects also marks a to the role that date back to

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UK Parliament, responsible for English Civil War. It is available a combination of day-to-day from the UK Parliamentary security and keeping order in the bookshop. Chambers of Parliament and a ceremonial role in the Parliament *Lawrence Ward, the Serjeant at different times of the year. at Arms, has worked in the A small exhibition containing House of Commons at the UK historical artefacts, photographs Parliament since 1997, holding and pictures as well as the post of Assistant Serjeant at information about the role of Arms since 2008. Mr Ward took the UK’s Serjeant at Arms is up the post of Serjeant at Arms displayed in the Norman Porch on 1 May 2012. at the Houses of Parliament until the end of August. This provides the many visitors to the Below: Association of UK Parliament who undertake Commonwealth Serjeants public tours over the summer at Arms Conference 2015 Above and opposite page the daily Speaker’s Procession, to learn more about the modern delegates pictured with bottom: Images from the the Serjeant at Arms is required role and its history. The Speaker of the UK Service at All Saint’s Church in to carry the Mace and also A book has also been revised Parliament’s House of Wandsworth, London. Image processes into the House of by the UK Parliament’s House of Commons, Rt Hon. John credits: © Jessica Taylor, UK Lords during the State Opening Commons library that expands Bercow MP and The Lord Parliament of Parliament, Prorogation upon the history of the role and Speaker of the House of and during the election of the includes accounts of fascinating Lords, Baroness D’Souza the early days of the office and Speaker - but without the Mace. events such as the role the (centre). Image credit the Serjeant at Arms wears Many Commonwealth Serjeant at Arms played in the © Roger Harris, Georgian court dress and Parliaments have a Serjeant at many confrontations with the UK Parliament carries a sword. At the head of Arms with similar roles to the Suffragettes and during the

The Parliamentarian | 2015: Issue Three | 237 The Commonwealth Parliamentary Association (CPA)

Executive Committee, Officers, CPA Secretariat and Commonwealth Women Parliamentarians (CWP) Steering Committee Patrons

PATRON: VICE-PATRON: H.M. Queen Elizabeth II H.E. Mamnoon Hussain Head of the Commonwealth President of the Islamic Republic of Pakistan

CPA Executive Committee Portrait of The Queen © John Swannell/Camera Press Officers Regional Representatives

President (2014-2015): AFRICA ASIA BRITISH ISLANDS AND Hon. Sardar Ayaz Sadiq, MEDITERRANEAN MNA Speaker of the National Hon. Alban Sumana Kingsford Hon. Abdulla Shahid, MP Assembly, Pakistan Bagbin, MP Maldives Dr Roberta Blackman-Woods, Majority Leader of Parliament, (2012-2015) MP Vice-President: Ghana United Kingdom Vacant Acting Regional Representative Hon. Chamal Rajapaksa, MP (2012-2015) (2012-2015) Speaker of Parliament, Sri Lanka Chairperson of the Executive (2013-2016) Hon. Carmelo Abela, MP Committee (2014-2017): Hon. Sheku Badara Basiru Malta Hon. Dr Shirin Sharmin Dumbuya, MP Hon. Mian Tariq Mehmood, (2013-2016) Chaudhury, MP Speaker of Parliament, Sierra MPA Speaker of the Parliament, Leone Provincial Assembly, Punjab, Hon. Derek Thomas, MLC Bangladesh (2012-2015) Pakistan St Helena (2014-2017) (2014-2017) Vice-Chairperson of the Hon. Thandi Modise, MP Executive Committee (2014- Chairperson of the National 2015): Council of Provinces, South Africa AUSTRALIA CANADA Hon. Dr Ronald Kiandee, MP (2013-2016) Deputy Speaker of the Hon. David Buffet, AM, MLA Mr Russ Hiebert, MP Parliament, Malaysia Hon. Machana Ronald Speaker of the Legislative Canada Also Regional Representative for Shamukuni, MP Assembly, Norfolk Island (2012-2015) South-East Asia Region Botswana (2012-2015) Acting Regional Representative Hon. Wade Verge, MHA Treasurer (2014-2017): (2013-2016) Hon. Vicki Dunne, MLA Speaker of the House of Hon. Request Muntanga, MP Australia Capital Territory Assembly, Newfoundland and Zambia Hon. Mutimura Zeno, MP (2013-2016) Labrador Rwanda (2013–2016) Chairperson of the CWP: (2014-2017) Hon. Kezia Purick, MLA Rt Hon. Rebecca Kadaga, MP Speaker of the Legislative Hon. David Laxton, MLA Speaker of the Parliament, Rt Hon. Themba Msibi, MP Assembly, Northern Territory Speaker of the Legislative Uganda Speaker of Parliament, Swaziland (2014-2017) Assembly, Yukon (2014-2017) (2014-2017)

238238 || TheThe ParliamentarianParliamentarian || 20152015:: IssueIssue ThreeOne The Commonwealth Parliamentary Association (CPA)

CARIBBEAN, AMERICAS AND PACIFIC CPA Regional ATLANTIC Secretaries CANADA Lord Tu’ivakano Mr Blair Armitage Hon. Hendrick Alexander, Speaker of Parliament, Tonga AFRICA Parliament of Canada OBE, MP Acting Regional Representative Dr Thomas Kashililah Speaker of the House, St Vincent (2012-2015) Parliament of Tanzania CARIBBEAN, AMERICAS & and the Grenadines ATLANTIC (2012-2015) Mr Paul Foster-Bell, MP ASIA Ms Heather Cooke New Zealand Mr. Md. Ashraful Moqbul Parliament of Jamaica Hon. Shirley M. Osbourne, MLA (2013-2016) Parliament of Bangladesh Speaker of the Legislative INDIA Assembly, Montserrat Hon. Niki Rattle, MP AUSTRALIA Shri Anoop Mishra Acting Regional Representative Speaker of Parliament, Cook Mr Tom Duncan Parliament of India (2013-2016) Islands Acting Honorary Regional (2014-2017) Secretary Parliament of the PACIFIC Hon. Michael Peyrefitte, MP Australia Capital Territory Mr Steve Cutting Speaker of Parliament, Belize Parliament of New Zealand (2014-2017) SOUTH-EAST ASIA BRITISH ISLES & MEDITERRANEAN SOUTH-EAST ASIA INDIA Hon. Dr Ronald Kiandee, MP Mr Andrew Tuggey Mrs Roosme Hamzah Deputy Speaker of the Parliament of the United Kingdom Parliament of Malaysia Shri Prem Das Rai, MP Parliament, Malaysia Lok Sabha, India Also Vice Chairperson of the CPA (2012-2015) (2012-2015) CPA Secretariat Hon. Dr Charnjit Singh Atwal, Hon. S. K. Devamany MLA Speaker of Perak State Suite 700, Westminster House, Acting Secretary-General Speaker of the Legislative Legislative Assembly, Perak 7 Millbank, London SW1P 3JA, & Director of Finance and Assembly, Punjab (2013-2016) United Kingdom Administration: (2013-2016) Mr Joe Omorodion Dr Lim Biow Chuan, MP Tel: (+44-20) 7799-1460 Shri Rajendra Arlekar, MLA Singapore (2014-2017) Fax: (+44-20) 7222-6073 Director of Programmes: Speaker of the Legislative Email: [email protected] Ms Meenakshi Dhar Assembly, Goa (2014-2017) Commonwealth Women Parliamentarians (CWP) Steering Committee

PRESIDENT ASIA CANADA PACIFIC Ms Shaista Pervaiz Malik, MNA Hon. Sagufta Yasmin, MP Hon. Linda Reid, MLA Hon. Munokoa Poto National Assembly of Pakistan Bangladesh Speaker of Legislative Assembly, Williams MP (2014-2015) (2012-2015) British Columbia New Zealand (2014 - 2017) (2011 -2014) CHAIRPERSON Rt Hon. Rebecca Kadaga, MP AUSTRALIA CARIBBEAN, AMERICAS AND SOUTH-EAST ASIA Speaker of the Parliament, Hon. Catherine Cusack, MLC ATLANTIC Ms Ellen Lee, MP Uganda Australia Hon. Glenys Hanna-Martin, MP Singapore (2013-2016) (2013-2016) Bahamas (2013-2016) (2012-2015) AFRICA BRITISH ISLANDS AND Hon. Lucia Witbooi, MP MEDITERRANEAN INDIA A full listing of the Namibia Ms Patricia Ferguson, MSP Hon. Meenakshi Lekhi, MP CPA Branch Directory (2013-2016) Scotland - Also Vice-Chairperson. India can be found at: (2012-2015) (2014-2017) www.cpahq.org SUBSCRIBE TODAY THE PARLIAMENTARIAN

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SINGAPORE:PAGE 158 Managingworkers the issue of 60th migrant Ceremony and ritual in the Indian Practice Parliament: Parliament A new era for the PAGE 192 Managing Western women of Tonga PLUS CPC: Australia’s water PAGE 182 Commonwealth PAGE 166 Repositioning the Commonwealth forWomen the Rwanda: Looking forward Parliamentarians Parliamentarians PAGE 154 Post-Millenium Developmentand public trust:Goals Do AgendaPAGE 278 Good governance codes of conduct PLUS for the 21st Century: help? Parliaments have Transparency and PAGE 274 an important role in Accountability shaping the post-2015 PAGE 258 development agenda PAGE 234

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